M.Y. Eqbal, J.

1. This application under Article 227 of the Constitution of India at the instance of the defendant/petitioner is directed against the order dated 5.4.2005 passed by Sub-Judge, I, Rajmahal in Title Suit No. 41/2001, whereby he has dismissed the petition filed by the petitioner seeking permission to adduce evidence by examining witnesses in the suit.

2. The facts of the case lie in a narrow compass:

The plaintiff/respondents filed Title Suit No. 41/01 against the defendants for declaration that plaintiffs are the rightful owner being the heirs of late Hukka Tudu and for permanent injunction restraining the defendant/petitioner from claiming any right in the property. The defendant/petitioner appeared in the said suit but no written statement was filed. Petitioner was thereafter, debarred from filing written statement by order dated 7.7.2004. The hearing of the suit, thereafter, proceeded and the petitioner examined witnesses. On 8.2.2005 petitioner filed application praying to the court below to permit him to adduce evidence for just decision of the suit an also prayed for making some documents exhibited. The said application rejected by the court below in terms o