M.Y.EQBAL,J. - (1.) THE interesting question involved in this application is as to whether the substituted heirs and legal representatives of the deceased defendant have right to file written statement in the suit?
(2.) THE facts of the case lies in a narrow compass: - The plaintiffs -respondent nos. 1 to 12 filed a suit being Title Suit No. 51 of 1995 in the Court of Sub -Judge, Giridih for declaration that the plaintiffs and defendant nos. 7 to 20 have got right, title, interest and possession over the suit land by virtue of purchase made in the year, 1980 and also for a declaration that the plaintiffs and defendant nos. 7 to 20 have got specific share in the suit land. The defendants appeared in the suit. However, no written statement was filed and consequently by order dated 3.6.2005 defendant no. 2 was debarred from filing written statement. Thereafter on 7.6.2006 defendant no. 2 died and after his death the plaintiffs -respondents filed an application for substitution of the present petitioners who are the heirs and legal representatives of deceased -defendant no. 2 in his place. The said application was allowed on 11.7.2006 and the petitioners were substituted in place of deceased defendant no. 2. The .1etitioners, who are the substituted heirs, appeared in the suit and filed written statement.
(3.) THE court below refused to accept the written statement holding that the substituted defendants have got only right to cross -examine the witnesses of the plaintiffs and participate in the argument and they have got no right to file written statement. The petitioners have impugned the said order in this application.;