JUDGMENT :

Prasenjit Biswas, J.

1. Feeling aggrieved and dissatisfied with the impugned order dated 18th August, 2014 passed by the Ld. Civil Judge (Senior Division), 2nd Court, at Malda in connection with Partition Suit No. 162 of 2007, the petitioner/defendant has preferred this instant revisional application under Article 227 of the Constitution of India.

2. By passing the impugned order learned Trial Court rejected the petition filed by the petitioner/defendant under Order 47 Rule 1 read with Section 114 and 151 of CPC dated 04.02.2012 with a prayer for review of the order passed by that Trial Court dated 11.03.2011.

3. By passing the order dated 11.03.2011 the learned Trial Court rejected the application filed by the defendant/petitioner to accept the written statement after referring the decision rendered by the Hon’ble Apex Court in case of Kailash vs. Nanhku and Others and in case of R. N. Jadi and Bros. vs. Subhaschandra. In the said order learned Trial Court did not believe the explanation of delay given by the defendant in filing the written statement and rejected the application filed by the defendant/petitioner to accept the written statement.

4. Despite service affected up