Sunil Dutta Mishra, J. – Heard learned counsel for the parties.

2. This Civil Miscellaneous application has been filed against the order dated 04.04.2019 passed by the learned Munsif, Sadar, Sitamarhi, in T.S. No. 11 of 2018, whereby he has rejected the application dated 30.01.2019, filed by petitioners-defendants for recall of the order dated 12.09.2018 (wrongly mentioned as 19.11.2018) debarring from filing their written statement in the suit.

3. The facts of this case, in brief relevant for disposal of this application, are that the plaintiffs/respondents filed T.S. No. 11 of 2018, in the Court of the learned Munsif, Sitamarhi Sadar, for declaration of their title over Schedule-II land and for recovery of their possession of the suit land. After service of summons, the petitioners-defendants appeared in the case on 31.07.2018 and were given last opportunity on 07.09.2018 to file their written statement but defendants failed to file their written statement within time and due to that reason vide order dated 12.09.2018 the Trial Court debarred the defendants from filing of their written statement. The defendants by filing written statement filed petition for recall of the said order