- (1.) THE petitioner, in this writ application, has prayed for quashing the order dated -24.09.2008, passed by the Sub -Judge -VII, Deoghar, whereby the petitioner has been disallowed to file his written statement in Title Suit No. 150 of 2006.
(2.) HEARD Mr. P.P.N. Roy, learned senior counsel for the petitioner and Mr. Manzul Prasad, learned counsel for the Respondent. Pursuant to the notice served upon him, in Title Suit No. 150 of 2006, the petitioner/defendant appeared in the Suit on 13.03.2007. He did not file his written statement. Instead, he, together with the defendant No. 1, had filed a petition on 08.08.2007 under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure, challenging the maintainability of the suit on several grounds.
(3.) BY the impugned order, besides rejecting the petitioner's objection on the maintainability of the suit, the court below had also disallowed the defendants from filing their written statements and had fixed the suit for hearing.;