- (1.) CHALLENGING in this writ application is the order dated 10.3.2005 passed by the Munsif, Bokaro in Title Suit No. 56 of 2003, whereby the application filed by the petitioners for recalling the earlier order dated 27.5.2004 under which the petitioners/defendants, were debarred from filing their Written Statements, was rejected.
(2.) HEARD learned counsel for the petitioners and learned counsel for the respondents. It appears that a Title Suit bearing Title Suit No. 56 of 2003 was filed by the plaintiffs/respondents against as many as 20 defendants, including the present petitioners. Some of the defendants appeared in the suit on 26.11.2004 and the remaining on 17.2.2004. However, no Written Statements were filed on their behalf, even after the lapse of 90 days. Rather, the Written Statements on their behalf were filed after more than five months from the date of their appearance.
(3.) IT appears that when the Written Statement was not forthcoming, in spite of the repeated directions given by the court, the learned Munsif by his order dated 27.5.2004, had debarred the defendants from filing the Written Statements and had declared that he would proceed in accordance with the provisions contained under Order 8 Rule 1 of the Code of Civil Procedure.;