S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioners under Article 227 of the Constitution of India. They have challenged the order 8th February, 2005 passed by learned Munsif, Hazaribagh in Title Suit No. 1 of 2004, Jagar Nath Nath Kewat and Anr. V/s. Hemlal Kewat and Ors., whereby and whereunder, the Court below has refused to accept the written statement preferred by defendants petitioners.
(2.) MR . Nehru Mahto, learned counsel appearing for the plaintiffs -opposite parties submitted that the defendants -petitioner filed written statement much beyond the prescribed period. It was filed after about 133 days from the dated of their appearance. Learned counsel for the defendants -petitioners submitted that they have shown cause of filing the written statement after some delay as on of them was suffering from ailment.
(3.) HAVING heard the counsel for the parties and taking into consideration the grounds shown by the defendants -petitioners and the fact that the suit is pending since long, I feel that the Court below should accept the written statement though it was filed after some delay.;