CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

24 05-12-2025 The present petition has been filed for setting aside that part of the order dated 16.11.2018 passed by the learned Sub-Judge–VI, Bhojpur at Ara in Partition Suit No. 167 of 2008, whereby the petitioner's application seeking recall of the order dated 23.02.2011 - by which he was debarred from filing written statement has been rejected. The court below has committed an error apparent on the face of the record by observing that the petitioner (defendant no. 5) had appeared on 10.06.2009 and his pairvi was made, though no vakalatnama on his behalf is on record. In fact, it was defendant no. 4 who had appeared on 10.06.2009, but due to misreading of the materials, the court below erroneously treated the petitioner/defendant no. 5 as present and consequently debarred him from filing the written statement. The petitioner, therefore, seeks setting aside of the order dated 16.11.2018 as well as the consequential order dated 23.02.2011, and prays for permission to contest the suit by filing written statement.

2. Learned counsel for the petitioner submits that the petitioner is defendant no. 5 in Title Suit No. 167 of 2008