JUDGMENT :

1. Challenge in the present petition is to the order dated 15.01.2019 passed by the Learned Ist Additional Munsiff (Forest Magistrate), Jammu, whereby the right of the petitioner/defendant to file written statement was closed and order dated 18.09.2019, vide which the application filed by the petitioner for recalling of the order dated 15.01.2019, was dismissed.

2. Learned counsel for the petitioner submitted that the respondent/plaintiff filed a suit for permanent prohibitory injunction restraining the petitioner/defendant from interfering in any manner, whatsoever into the peaceful possession of the plaintiff or raising any sort of construction, changing the nature of the land or dispossessing the plaintiff from the land measuring 02 Kanals falling under Khasra No. 2380, situated in Revenue village Raipur Domana, Tehsil Jammu now Jammu North, District Jammu. In the aforesaid suit after service of the petitioner, he had put in appearance. Written statement was to be filed. The same was prepared and handed over to the counsel. However, he failed to file when the date of hearing was fixed for the purpose. The petitioner was not at fault as it was the mistake of the counsel