1. The defendant no.1 has preferred this writ application against the order dated 10.10.2012 passed by Civil Judge, (Sr. Division)-I, Koderma in Title Suit no. 01 of 2012 whereby he has been debarred from filing the written statement but he was allowed to cross-examine the witnesses of the plaintiff.

2. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents.

3. It is not necessary to go into the details of the pleadings of the parties. After appearance, a petition with condonation petition was filed on 23.08.2012 by the defendant no.1 with prayer to accept the written statement filed by him but after hearing the parties, the court below by impugned order rejected his prayer and debarred the defendant no.1- petitioner from filing the written statement. Hence this writ application.

4. Learned counsel appearing for the petitioner assailing the order impugned as bad in law seriously contended that the court below failed to appreciate that from order-sheet of court below dated 08.06.2012 enclosed with supplementary affidavit as Anneuxre-4, it would appear that the case was fixed for 23.08.2012 for filing of the written sta