- (1.) Heard the learned Counsel for the parties.
(2.) The present writ application under Article 227 of the Constitution of India, has been filed by the petitioner/defendant for challenging the order dated-29.09.2005, passed by the Sub-Judge-I, Palamau at Dallonganj, in Title Suit No. 102 of 2001, whereby the petitioner's application dated-16.05.2005 for accepting his written statements, was rejected by the court below.
(3.) From the rival submissions, the facts which appear, are as follows: The Respondent/plaintiff had filed the aforesaid Title Suit before the court below, some time in he year 2001, for declaration of his right, title and interest in the suit property. On receipt of the summons, the defendant appeared in the suit on 17.01.2002. Thereafter, for whatever reasons, the defendant did not chose to file his written statements within the period stipulated under Order VIII Rule I of the Code of Civil Procedure and even beyond the period of 90 days after his appearance. Finally he filed his written statements on 18.05.2004 i.e. after a delay of two years. The plea taken by the petitioner was that after his appearance, a petition for injunction under Order XXXIX Rules 1 and 2 of the C.P.C. was filed by the plaintiff against the defendant and on such application being allowed by the trial court, the defendant had moved the appellate court against the order of injunction and the matter continued to rest with the appellate court for a long time and on account of the pendency of the appeal before the appellate court and the records of the court below, having been transmitted to the appellate court, the petitioner/defendant could not possibly file his written statement within time.;