ORAL JUDGMENT

Date : 04-03-2024 Heard the learned counsels for the respective parties on the point of admission and I intend to dispose of the petition at the stage of admission itself.

02. The present petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 12.12.2019 passed by the learned Sub-Judge-V, East Champaran at Motihari in Partition Suit No. 22 of 1994 whereby and whereunder the petition filed by the petitioner for not taking on record his written statement was refused. 03. In nutshell, the case of the petitioner is that he is the defendant in Partition Suit No. 22 of 1994 and the petitioner could not file his written statement within time and he filed the same on 14.09.2009 and the learned trial court refused to accept the written statement vide order dated 25.05.2010. Thereafter, the petitioner filed a petition on 17.12.2011 to recall the said order. The said petition was rejected by the learned trial court vide order dated 25.04.2012, which was challenged in CWJC No. 10710 of 2012. This Court set aside the order dated 25.04.2012 passed by the learned trial court subject to payment of cost of Rs. 4,000/-. Further c