JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.05.2018 passed by the High Court of Orissa at Cuttack in C.M.P. No.324 of 2018 by which the High Court has observed and held that mere setting aside the ex-parte judgment and decree would serve no purpose as the defendants cannot lead evidence in the absence of written statement filed by them and consequently setting aside the order passed by the First Appellate Court who allowed the appellants herein – original defendant nos. 2 and 3 to adduce the evidence apart from setting aside ex-parte judgment and decree, the original defendant nos. 2 & 3 have preferred the present appeal.

2. That the respondent no.1 herein – original plaintiff instituted the suit in the Court of learned Civil Judge (Junior Division), Jaleswar being TS No.317 of 2003, for declaration and title. The appellants – original defendant nos. 2 & 3 moved an impleadment application in the suit which was allowed. That thereafter the application under Order I Rule 10 of the CPC was allowed on 20.02.2004. The learned Trial Court fixed the next date as 27.02.2004 for filing the written statement. The appellants herein