P.P. Bhatt, J. - (1.) THE petitioner, by way of filing the present petition under Article 227 of the Constitution of India, has prayed for quashing and setting aside order dated 28.6.2006 passed in T.S. No. 37/97 by the learned 2nd Addl. Munsif, Giridih, whereby, the prayer of the petitioner to recall the order dated 10.6.99 whereby the petitioner - defendant has been debarred from filing the written statement. Heard the learned counsel for the parties and perused the order impugned. From perusal of the record, it appears that the present petitioner -defendant filed Written Statement on 12.3.1999 but the said fact was not considered properly by the court below while disposing of the petition. This court is of the view that the court below has failed to appreciate the fact that the opportunity of filing written statement is required to be afforded to the parties so as to give him a chance to defend the suit on merit. It further appears that the court below has passed the order without considering the fact of filing of written statement on 12.3.99 i.e. after institution of Title Suit No. 37/1997.
(2.) THE learned counsel for the respondent opposed the prayer made in this petition and stated that the court below has not committed any error while rejecting the application made by the petitioner -defendant to recall its earlier order dated 10.6.1999. In view of the facts and circumstances of the present case, this court is of the view that the written statement filed by the petitioner -defendant is required to be taken on record so as to give him reasonable opportunity to put his case before the court while defending the suit. By doing so no prejudice is likely to be caused to the plaintiff as the plaintiff would have an opportunity to file rejoinder so as to controvert the statement made in the written statement.
(3.) IN view of the above position, the order impugned dated 28.6.2006 passed in T.S. No. 37/97 by the learned 2nd Addl. Munsif, Giridih, is quashed and set aside. The written statement filed by the petitioner -defendant is ordered to be taken on record by depositing a cost of Rs. 500/ - (five hundred). With the above observation and direction, this writ petition stands allowed.;