Ranjan Gogoi, J.

1. Strange indeed is the manner in which the present litigation has meandered for the entire length of the last decade and a substantial part of the present. It is to halt this unnatural process, that exposes the fragile side of the judicial system, that this Court has attempted to put the litigation back on its track after an elaborate hearing at the motion stage.

2. The facts in brief may be noticed at the outset.

The Respondent No. 1, herein as the plaintiff, has instituted Title Suit No. 25/91, for a decree of declaration of his title in respect of the suit property and for recovery of possession. The suit was filed on 8.2.91 and summons was served on the defendant No. 1 in the suit who is the petitioner herein on 24.9.91 (herein after referred to as the defendant). The defendant appeared and sought time to file written statement, which was granted to him on several occasions. On 17.3.93, the learned Trial Court fixed the suit for ex parte hearing as till the said date the defendant had not filed his written statement. However, on 7.2.94, the suit was dismissed for non-prosecution and continued to remain so until it was restored on 11.6.01. Upon restoratio