ORDER :

1. By this petition, petitioners challenge the order dated 10.03.2022 passed by the Joint Judge, Senior Division, Dhule rejecting application filed for setting aside ‘no written statement’ order, for condonation of delay in filing written statement and for taking on record their written statement.

2. The suit is filed by plaintiff/respondent for specific performance of agreement dated 20.10.2008 and for alternate relief of compensation. The defendant was served with the summons in the suit. Though he appeared in the suit, he failed to file written statement. Therefore, ‘no written statement’ order was passed on 07.12.2013. Instead of seeking recall of ‘no written statement’ order dated 20.12.2013 defendant filed application for rejection of plaint under the provisions of Order 7 Rule 11 of the Code of Civil Procedure (for short ‘the Code’) on 20.12.2013. That application came to be partly allowed by order dated 24.02.2017. The plaintiff’s prayer for specific performance was held to be outside limitation, whereas the alternate prayer for refund of consideration and compensation was held to be within limitation. Even after passing of order dated 24.02.2017 defendant failed to a