JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite parties.

2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 13.07.2023 passed in O.S. No.22 of 2020 by Civil Judge (Sr. Division), Sahibganj whereby the learned Court has been pleased to accept the written statement and also admitted the counter claim of the defendant 2^nd Party No.5 and 6.

3. Learned counsel appearing for the petitioner submits that the Original Title Suit No.22 of 2020 was instituted for declaring the sale deed No.127 of 2019 dated 26.07.2019 as void ab initio and not binding against the plaintiff. He submits in the said suit the notice was issued upon the defendants and the defendants herein have not filed the written statement within time. With a delay of 9 days along with a limitation petition, the written statement was filed and the learned Court has been pleased to allow the same and the written statement has been taken on record. He submits in view of Order 8 Rule 1, there is bar of taking written statement after 90 days. On this ground, he submits that the order may kind