TALU DAS AND ANOTHER Vs. KUBA DAS AND ANOTHER
LAWS(JHAR)-2010-1-232
HIGH COURT OF JHARKHAND
Decided on January 29,2010

Talu Das And Another Appellant
VERSUS
Kuba Das And Another Respondents

JUDGEMENT

D.G.R. Patnaik, J. - (1.) Heard counsel for the parties and with their consent, this application is disposed of at the stage of admission.
(2.) Petitioners' grievance in this writ application is against the order of the learned court below whereby the petitioners' written statement was refused from being accepted.
(3.) As it appears from the submission of the learned counsel for the petitioners, though written statement could not be filed by the petitioners within 90 days from the date of their appearance as defendants in the suit before the court below, but the trial court had itself allowed the petitioners time till 16.3.2004 to file their written statement and on 16.3.2004, the petitioners had filed their written statement. Yet, without appreciating the fact that the petitioners were allowed time till 16.3.2004 to file their written statement and that, they had already filed the same, the learned court below had passed an order rejecting the petitioners' prayer for acceptance of their written statement on the ground that by an earlier order passed on the same day, the petitioners were debarred from filing their written statement.;


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