JUDGMENT :

Inspite of service of notice, respondent did not turn up to contest this case.

2. The instant application under article 227 of the Constitution of India has been filed for quashing the order dated 26.05.2017, passed in original Suit No. 599 of 2015 passed by Civil Judge, Senior Division, V, Ranchi (hereinafter called the impugned order), whereby and whereunder the defendant no.1/petitioner no.1 has been debarred from filing written statement.

3. In compliance of previous order dated 24.07.2023, no fresh vakalatnama has been filed by the respondent to contest the case.

4. Heard learned counsel for the petitioner and State.

5. It is submitted that on 19.09.2016 an application under Order XXII Rule 10 A CPC was filed by present petitioner/defendant no. 1 intimating the court regarding death of defendant no. 2, who died on 17.08.2016. Thereafter, dates were fixed on 26.05.2017 for filing rejoinder by the plaintiff but no rejoinder was filed. Petitioner presented his application before the learned trial court praying therein to file written statement copy of which was duly served upon respondent no.1, but the learned trial court refused to take the same on record and passed the i