JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The revision has been preferred challenging an order dated 31^st March, 2022 passed by the learned 4^th Civil Judge (Senior Division) at Alipore in Title Suit No. 1212 of 2018.

2. Vide the order under challenge the trial Court passed the following order:-

“…………..Therefore, in view of the latest views of the Hon'ble Apex Court the Court has the power to extend the time limit to file written statement if the Court has reason to believe that the defendants were prevented to file written statement within the period mentioned under the provision of under Order VIII Rule 1 of Code of Civil Procedure. In the context of present case defendants already filed written statement on 03.02.2022 along with counter claim having huge delay intervened by the pandemic situation.

Therefore, in view of the discussions made above and relying upon the latest decision of the Hon'ble Apex Court in Civil Appeal No. 433 of 2020 dated 20.01.2020, I am inclined to accept the written statement filed by the defendants after rejecting the contentions of the plaintiffs.

ORDERED

that the cause shown under the application dated 03.02.2022 is hereby accepted being found satisfactory and sufficient.

That the prayer for recall of the order dated 04.12.2019 under the application raised by the defendants dated 03.02.2022 is hereby allowed on contest but with costs of Rs.5,000/-.

Let the order for exparte hearing dated 04.12.2019 is hereby recalled subject to payment of aforesaid costs by the defendants to the plaintiffs.

The written statement along with the counter claim is to be accepted after payment of costs.

Sheristadar is directed to assess the Court fee over the counter claim filed by the defendants.

To 28.04.2022 for payment of costs and acceptance of written statement.

Dictated and Corrected by me,

Sd/-

Civil Judge (Sr. Divn.)

4th Court, Alipore.”

3. The Court relying upon a judgment of the Apex Court, extended the time limit to file written statement and accepted the written statement filed by the defendants/opposite parties herein.

4. Both parties have filed their respective written notes along with judgments relied upon.

5. The plaintiff/petitioner’s case is that:-

“i. By an order dated 4^th December 2019, the Learned trial Court upon appreciating the documents on record including the postal receipts evidencing service of the plaint upon the Opposite Parties and upon considering the dilatory tactics employed by the Opposite Parties, passed an order rejecting the prayer of the Opposite Parties to file Written Statement and directed for ex parte hearing of the suit.

ii. The Opposite Parties on 14th February, 2020 preferred two applications under Section 151 of the Code of Civil Procedure, 1908, [1] firstly for recalling of the order dated 4th December, 2019 [2] secondly for allowing the Opposite Parties to file their Written Statement.

iii. Finally, the abovementioned applications were considered by the learned trial Court and by an order dated 4th January, 2022, the said applications were rejected. Thus, the prayer of the Opposite Parties to file their Written Statement stood refused by the learned trial Court twice.

iv. On 3rd February, 2022, the Opposite Parties preferred two separate petitions in the nature of Show-Cause Petition and Petition for Vacating the Ex Parte order dated 4th February, 2019 and for accepting the written statement with Counter Claim.

v. The Learned trial Court by the impugned order dated 31.03.2022 without considering it's own order dated 4th January, 2022 has allowed the above mentioned petitions dated 3rd February, 2022 thereby recalling the ex parte order dated 4th December, 2019 and allowing the Opposite Parties to file their Written Statement along with Counter Claim.”

6. The following judgments are relied upon by the petitioners:-

i) Satyadhyan Ghosal & Ors. v. Deorajin Debi (Smt) & Anr., AIR 1960 SC 941, (Para 8).

“8. The principle of res judicata applies also as between two stages in the same litigation to this ext