The present writ petition has been filed for quashing the order dated 12.05.2004 passed by the learned Sub-Judge-I, Dhanbad in Title Suit No. 306 of 2001, whereby the application of the petitioner dated 06.02.2004 filed for recall of the order dated 19.02.2003 debarring the petitioner from filing the written statement has been rejected.

2. The factual matrix of the case is that a suit for declaration of permanent injunction being Title Suit No. 306 of 2001 was filed by the plaintiff/respondent no. 2. Notices upon the defendants were issued on 16.01.2002. Pursuant to the notice, defendant no. 3/petitioner appeared in the suit proceeding on 04.02.2002, however, no written statement was filed. The plaintiff/respondent no. 2 and the defendant no. 3/petitioner filed a compromise petition on 18.01.2003. Subsequently, the plaintiff/respondent no. 2 pressed injunction petition which was dismissed vide order dated 02.08.2003. In the meantime, the petitioner was debarred from filing written statement on 19.02.2003. Thereafter, the case was fixed for order on compromise petition on several dates. On 29.08.2003, the respondent no. 2 prayed for debarring the petitioner from filing the wri