JUDGMENT :

Heard learned counsel for the parties.

2. This Civil Miscellaneous Application is directed against the order dated 01.12.2017 passed in T.S. No. 170/13 by the learned Sub Judge-3, Sasaram, Rohtas whereby and where under he has rejected the petition dated 22.01.2014 filed by the petitioners under Order VIII Rule 6 C of Code of Civil Procedure.

3. The facts, in brief relevant for decision of this case, are that the petitioners who are the plaintiffs filed a Title Suit bearing Title Suit No. 170/13 seeking relief inter alia for declaration of their title over the Schedule A property mentioned in the plaint and restoration of their position of the suit property if they have been dispossessed by the defendants during the pendency of the suit.

4. On summon, the defendants/respondents appeared on 14.05.2013 in the case and filed their written statement cum counter claim on 24.09.2013 in which they have opposed the prayer of the plaintiff in the plaint and claimed their title over the lands mentioned as Schedule A property in their written statement cum counter claim. Thereafter on 24.03.2014, the petition dated 28.10.2013 for condonation of delay in filing written statement of defe