Shree Chandrashekhar, J. - (1.) The petitioner is aggrieved of the order by which the trial judge has declined to recall order dated 23.09.2011 debarring the petitioner from filing written statement in Title Suit No.03 of 2011.
(2.) By an order dated 20.04.2012 further proceeding in Title Suit No.03 of 2011 was stayed by this Court.
(3.) The petitioner has been labelled as proforma defendant in Title Suit No.03 of 2011. The suit was instituted for a decree of plaintiff's subsisting title and interest over the schedule 'B' properties and for a declaration that sale deed dated 24.03.2003 executed by defendant no.3 in favour of defendant no.1 is void, illegal, inoperative and not binding on the plaintiff. The plaintiff has sought other reliefs also, but for the present these are not relevant. The petitioner who has been arrayed as proforma defendant no.4 was served summons on 10.05.2011 and he appeared in the suit on 19.05.2011. Thereafter the trial court granted six opportunities to the defendant no.4 for filing written statement. On 08.08.2011 the defendant no.4 filed an application seeking further time for filing the written statement. This application was allowed and the suit was posted for 20.08.2011, however, the defendant no.4 did not file written statement rather, on 30.08.2011 and 13.09.2011 again time was sought for filing written statement. Finally, by an order dated 23.09.2011 the defendant no.4 was debarred from filing written statement and the suit was set for ex-parte hearing. Seeking recall of order dated 23.09.2011 an application was filed under section 151 CPC which was dismissed by the impugned order dated 24.03.2012.;