JUDGMENT :

Akshaya Kumar Rath, J.

1. The instant petition under Article 227 of the Constitution of India is to lacinate the order dated 29.03.2008 passed by the learned 1st Addl. Civil Judge (Senior Division), Bhubaneswar in M.S. No. 107/39 of 2007/1998 whereby and whereunder the learned trial court struck off the written statement filed by the defendants-petitioners.

2. Opposite party No. 1 as plaintiff instituted a suit for realisation of Rs. 83,104/- impleading the present petitioners as defendants in the court of the learned 1st Addl. Civil Judge (Senior Division), Bhubaneswar, which is registered as M.S. No. 107/39 of 2007/1998. The defendants were set ex parte. The ex parte decree was passed on 1.2.2002. An application under Order 9 Rule 13 CPC was filed to set aside the ex parte decree. Learned trial court by order dated 29.3.2008 allowed the application, set aside the ex parte decree and restored the suit to file. After the suit was restored to file, defendants filed the written statement. The plaintiff filed a petition to strike off the written statement. By order dated 29.3.2008, the learned trial court struck off the written statement.

3. Heard learned Addl. Government Advoc