M.Y. Eqbal, J. - (1.) IN that instant application under Article 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 26.5.2007 passed by Subordinate Judge -II, Koderma in Eviction Suit No. 7 of 1995 whereby he has refused the prayer of the petitioner seeking permission to file written statement.
(2.) THE brief facts, which are relevant, are that the plaintiff -respondent filed aforementioned suit against the father of the petitioner and one Md. Laik Khan and M/s. Menoka Hotel for a decree of eviction and realization of the earlier rent and compensation. The plaintiffs case is that he is owner of the suit property in which original defendant No. 1 was the tenant on a monthly rent of Rs. 300/ -. The original defendant No. 1 filed written statement and contested the suit. However, original defendant No. 1 died leaving behind the widow, minor sons and daughters including the petitioner. After the death, the substituted defendants also filed a written statement. After attaining majority, the petitioner sought permission to the Court for filing written statement which was refused by the impugned order. Learned Court below took the view that nothing was brought on record by the petitioner to suggest that his mother, being his natural guardian, had any adverse interest prejudicial to the interest of the petitioner. The other defendants have hotly contested the suit by filing written statement and adducing evidence.
(3.) I have heard Mr. V. Shivnath, learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents.;