JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 13.02.2015 passed by the learned Civil Judge (Jr. Divn.), 2nd Court, Cuttack in C.S. No.178 of 2007, whereby and whereunder learned trial court rejected the application of the defendant no.7 to grant liberty to file written statement.

2. The opposite party no.1 along with the predecessors-in-interest of opposite party nos.2 and 3 instituted the suit for declaration that they are the absolute owner of the suit schedule property and the defendant nos.1, 7 to 9 have no semblance right, title and interest over the same and declaration that the RSD dated 28.11.1986 executed by Prabhat Kumar Mohapatra in favour of defendant nos.1, 7 to 8 as well the order dated 30.8.1989 passed in Mutation Case No.96 of 1989 are illegal, invalid and void impleading the petitioner and opposite party nos.4 to 6 as defendants. The petitioner is the defendant no.7.

3. Pursuant to issuance of summons, the defendant nos.1, 8 and 9 entered appearance and filed their respective written statements denying the assertions made in the plaint. Issues were framed. Evidence from the side of the plaintiffs was closed. After closure of evidence, defendant no.1