D.N. Patel, J. - (1.) THE present writ petition has been preferred against the order, passed by the learned Sub Judge VII, Deoghar dated 2nd July, 2008 in Title Suit No. 52 of 2005 whereby, written statement filed by original Defendant Nos. 9, 23 and 24 have not been accepted mainly on the ground of delay of 68 days in filing of the written statement as per Order VIII Rule 1 of the Code of Civil Procedure.
(2.) I have heard counsel for the Petitioners (original Defendant Nos. 9, 23 and 24) of Title Suit No. 52 of 2005 at length and has submitted that they have appeared in the aforesaid Title Suit on 28th July, 2005 and the written statement was filed on 4th January, 2006. Counsel for the Petitioners has also relied upon the decision rendered by the Hon'ble Supreme Court in the case of Kailash v. Nanhku and Ors. reported in : (2005) 4 SCC 480. Though the Respondents are served they have not chosen to appear before this Court.
(3.) HAVING heard counsel for the Petitioners and looking to the facts and circumstances of the case, I hereby, quash and set aside the order, passed by the learned Sub Judge VII, Deoghar dated 2nd July, 2008 in Title Suit No. 52 of 2005 (Annexure 2 to the memo of the present petition) mainly for the reason that filing of the written statement by original Defendant Nos. 9, 23 and 24 will facilitate the trial court in arriving at a true and correct conclusion of the disputes between the parties.;