JUDGMENT/ORDER :

Ashwani Kumar Singh, J.

Heard Mr. Sharda Nand Mishra, learned advocate for the petitioners and Mr. Ajay Kumar Singh, learned advocate for the respondent no.1.

2. This application under Article 227 of the Constitution of India has been filed by the petitioners for quashing the order dated 26.09.2018 passed by the learned Additional District Judge 2nd, Samastipur in Probate Case No. 10 of 2005 by which he has rejected the application dated 19.09.2018 filed by the petitioners.

3. The facts of the case, in brief, are that during pendency of the probate case filed by the respondent no.1, the petitioners filed an intervention application, which was allowed vide order dated 08.03.2016. They were impleaded as defendant nos. 4 and 5 in the said probate case.

4. After being impleaded as defendants, the petitioners did not file written statement within the statutory period of 30 days in terms of Order VIII, Rule 1 of the Code of Civil Procedure (for short 'CPC'). Even after expiry of the statutory period, they did not file their written statement within the extended period of 120 days as provided under proviso to Order VIII, Rule 1 of the CPC. Thus, the plaintiff-respondent no.1 f