Gurusharan Sharma, J.

1. Heard. In Title Partition Suit No. 38 of 2001, the summons were served on the defendants 1 and 2 and thereafter both of them appeared together in the suit on 30.8.2002 and filed a petition for granting time to file written statement, which was allowed and they were permitted to file written statement by 9.9.2002. As no written statement was filed, on 13.12.2002 the plaintiffs filed a petition for proceeding the suit under Order VIII, Rule 1 of the Code of Civil Procedure, which was directed to be put up for hearing on 10.1.2003 and the defendants 1 and 2 were given one more indulgence to file written statement in the meantime. Again on 10.1.2003 the defendants 1 and 2 filed petition for granting further time to file written statement, which was kept on record, however, on 23.1.2003 the defendants 1 and 2 were debarred to file written statement under proviso to Order VIII, Rule 1 of the Code. The defendants I and 2 failed to file written statement maximum within 90 days from the date of the service of summons of the suit on them. Admitted position is that the defendants. 1 and 2 appeared in the suit on 30.8.2002 and in spite of indulgences granted by the