D.N. Patel, J.

1. The present writ petition has been under Article 227 of the Constitution of India against the order passed by learned SubJudge, VI, Jamshedpur in Title Suit No. 17 of 2001 dated 2nd December, 2010, below an application given by the Petitioner (original Plaintiff) on 3rd September, 2010 for recalling the order dated 18th March, 2005, which has been rejected by the trial court on 2nd December, 2010. Initially, an application was preferred by the Respondent (original Defendant) on 31st January, 2003 to make counter claim in his written statement. Thus, against the order of rejection of recalling application, the present writ petition has been preferred.

2. Having heard learned Counsel for the Petitioner and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the following facts and circumstances:

(i) The Petitioner is an original Plaintiff, who has instituted Title Suit No. 17 of 2001 before the court of learned SubJudge, VI, Jamshedpur.

(ii) It appears from the facts of the case that the Respondent (original Defendant) had filed his written statement to make his counter claim on 31st January, 2003.

(iii)