- (1.) AGGRIEVED by order dated 21.06.2013 whereby, the written statement filed on behalf of the defendant nos.1 to 7 on 18.04.2013 has not been taken on record, the present writ petition has been filed.
(2.) THE brief facts of the case are that, Title Suit No.13 of 2012 was filed by the plaintiffs seeking a declaration of title and confirmation of their possession over the suit scheduled property. After issuance of summons, the petitioners who are arrayed as defendant nos.1 to 7 appeared on 25.09.2012 and they were granted time for filing written statement. Subsequently, the time for filing written statement was extended by the trial court and lastly vide order dated 12.03.2013, the petitioners who were defendants were allowed time till 18.04.2013, for filing written statement. The written statement on behalf of defendant nos.1 to 7 alongwith the application under Section 148 r/w Section 151 CPC were filed on 18.04.2013 however, vide impugned order dated 21.06.2013, the written statement filed on behalf of defendant nos.1 to 7 has not been taken on record. Aggrieved, the petitioners have approached this Court.
(3.) THE learned counsel for the petitioners submits that, the written statement on behalf of defendant nos.1 to 7 was filed well within the time granted by the court that is, on 18.04.2013. The trial court itself had granted time to defendant nos.1 to 7 for filing written statement on or before 18.04.2013 and within the prescribed time the defendant nos.1 to 7 filed their written statement. It is further submitted that by way of abundant precaution defendant nos.1 to 7 had filed an application under Section 148 r/w Section 151 CPC, which has erroneously been rejected by the trial court. As against the above, the learned counsel for the respondents submits that admittedly the defendant nos.1 to 7 appeared on 25.09.2012 and they could not file written statement within 90 days and thus, the application dated 18.04.2013 under Section 148 r/w Section 151 CPC was rightly rejected by the trial court.;