JUDGMENT (ORAL)

1. The petitioner (defendant no.1 in suit) has assailed order dated 22.07.2025 of the learned trial court, whereby his application seeking recall of order dated 01.04.2025 (closing his right to file Written Statement) and application under Order VIII Rule 1 CPC seeking condonation of delay in filing the Written Statement were dismissed.

2. Having heard learned counsel for petitioner, I do not find it a fit case to issue notice.

3. Broadly speaking, circumstances relevant for the present purposes are as follows. In the suit filed by the present respondent no. 1 against the petitioner and the remaining respondents for declaration, injunction and other reliefs, the present respondents no.2-4 were proceeded ex-parte while the present petitioner opted not to file Written Statement within time prescribed by law, so right to file Written Statement of the petitioner (defendant no. 1) was closed on 01.04.2025. Thereafter on 01.05.2025, petitioner filed an application for recall of order dated 01.04.2025 alongwith an application under Order VIII Rule 1 CPC. Both those applications were dismissed by the learned trial court by way of the impugned order.

4. Learned counsel for petit