ORDER :

1. This petition is filed by legal heirs of defendant No.15 challenging herein the legality and propriety of the order dated 22.01.2020, passed in Civil Suit No. 76- A/13 by IInd Civil Judge Class-II, Ambikapur, Surguja, whereby application filed by the petitioners under Order 22 Rule 4(2) read with section 151 of the CPC for taking written statement on record, has been dismissed.

2. The case in nutshell is that, original plaintiff namely Ramdev filed a Civil Suit for declaration of title, partition and permanent injunction. The plaintiff and defendants are legal heirs of late Ishwar and Raghuwar Sahu. The plaintiff pleaded that the property detailed in Schedule-A annexed with the plaint situated at Village Batwahi, Tahsil- Lundra, District- Sarguja (CG) was recorded in name of Raghuvir Sahu and late Ishwar Sahu during Sarguja State Settlement and later on, it was partitioned between them. Revenue records were also corrected. It is also pleaded that late Ishwar Sahu during his lifetime, partitioned his share mentioned in Schedule-B & C appended with the plaint amongst his sons. The plaintiff further pleaded that the land bearing Survey No. 542/2, 1438/2, 1438/5 fell in his sh