- (1.) HEARD the counsel for the parties.
(2.) BY this writ application the petitioners have challenged the order dated 14.3.2005 passed by Munsif, Ranchi in Title Suit No. 46 of 2004 whereby he has rejected the application filed by the petitioners dated 15.12.2004 for acceptance of written statement and recall of the order dated 1.12.2004 debarring the petitioners to file written statement. Admittedly notice was served upon the defendants -petitioners in June and July, 2004 but in spite of service of summons they appeared after two months i.e. 4.12.2004. The court below granted some more time to file written statement and ultimately when written statement was not filed, he by order dated 1.12.2004, debarred the petitioners to file written statement. Thereafter, on 15.12.2004 the petitioners filed written statement along -with a petition to recall the order dt. 1.12.2004 and to accept the written statement.
(3.) AFTER considering the entire facts of the case and the relevant order's referred to hereinabove, I am of the opinion that the court below ought not to have debarred the petitioners from filing written statement. The said order therefore, cannot be sustained in law. This application is, accordingly, allowed and the impugned order is set aside.;