- (1.) HEARD the learned counsel. for the parties.
(2.) THE challenge in this writ application is to the order dated 17.5.2005 (Annexure -1) passed in Title (Partition) Suit No. 16 of 2004 passed by the Sub -Judge - 1st, Bokaro, whereby the petitioner/defendant No. 1, had been debarred from filing his written statement. Challenge is also to the order dated 19.6.2007 (Annexure -3) passed by the said court in the aforesaid Title (Partition) Suit, whereby the petition dated 7.6.2005 filed by the petitioner/defendant No. 1, for accepting his written statement and for recalling the earlier order dated 17.5.2005, was rejected only on the ground that it was time barred under the provisions of Order 8 Rule 1 of the amended C.P.C.
(3.) FACTS of the case stated briefly, are, that the Title (Partition) Suit No. 16 of 2004 was filed by the Respondent/ Plaintiff. The present petitioner, who has been impleaded as defendant No, 1 in the suit.;