Vs Bithendra Nath Dey Mr. Chittapriya Ghosh, Ms. Maitrayee Chatterjee …..for the Petitioners This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order being no. 15 dated 8th May, 2025, passed by the learned Civil Judge (Sr. Division), Kandi, Murshidabad in Money Suit No. 82 of

2018.

By the order impugned, the application for recalling of the order dated 16^th of May, 2024 stood rejected.

Mr. Ghosh, learned advocate appearing for the petitioners submits that the written statement was filed long after the statutory time limit for filing of the written statement and the same was accepted without assigning any reasons therefor. Mr. Ghosh further submits that no application explaining the delay in filing the written statement was also filed by the defendant/opposite party herein.

Record reveals that 16^th of May, 2024 was fixed for hearing of the application under Order 8 Rule 1 of the Code of Civil Procedure . On that day, the defendant filed the written statement and the learned advocate for the plaintiff submitted that the defendant has filed the written statement after the statutory period and further submitted th