S.N.Hussain, J.

1. Heard learned counsel for the parties. The petitioners are defendants 1st set in Title Suit No. 87 of 2004, which was filed by plaintiffs-opposite party Nos. 1 and 2 for declaration of their title and also for declaration that the defendants -petitioners did not acquire any title in the suit land on the basis of sale deed dated 25-1-2004 executed by opposite party Nos. 3 and 4 (defendants 2nd set) in favour of these petitioners.

2. The petitioners have challenged the impugned order dated 21-12-2004 passed in the aforesaid suit, by which the learned Sub-Judge-III, Patna City, had rejected their petition for accepting written statement filed on their behalf in the Court below on 15-10-2004, beyond the period of ninety days as prescribed under Rule 1 of Order VIII of the Code of Civil Procedure (hereinafter referred to as the Code for the sake of brevity).

3. The short fact of this case is that the above mentioned title suit was filed by opposite party Nos. 1 and 2 in the year 2004, whereafter notices and summons were issued to the defendants including the petitioners which were served on 10 6-2004 by hanging the copies of the summons on the door of their ho