JUDGMENT :

1. Present writ petition has been preferred by the plaintiff/petitioner for quashing the order dated 05.12.2022 passed by learned Sub-Judge – V, Giridih in Partition Suit No. 66 of 2013 whereby and whereunder, the learned trial court has accepted the written statement filed by the defendant no. 6 rejecting the petition of the plaintiff/petitioner dated 12.08.2022.

Brief background of the case:

2. The plaintiff/petitioner has instituted partition suit No. 66 of 2013 wherein after service of summons defendant nos. 3, 4 and 5 appeared and filed their written statement but defendant no. 2 to 6 did not appear, inspite of publication of summons in daily newspaper “Prabhat Khabar”. Substituted service through paper publication dated 03.03.2020 was deemed sufficient against the defendant no. 6 but he failed to file his written statement within statutory period of thirty days from the date of service of summons.

3. It is alleged that after lapse of two years defendant no. 6 filed his written statement on 20.01.2022 without taking leave of the court. The plaintiff/petitioner filed an application dated 06.06.2022 stating therein that the written statement filed by the defendant no. 6 i