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

2 11-12-2025 The present Civil Misc. Application is filed for quashing the order dated 20.02.2018 and 15.04.2019, passed by learned Sub Judge I, Patna in T.S. No. 134/79 (Girja Devi Vs. Satabi Devi and others) whereby and whereunder the learned Court below has debarred the petitioners from filling the written statement and also reject the petition dated 06.03.2018 for recalling the order dated 20.02.2018 passed by learned sub Judge I, Patna in T.S. No.

134 of 1979.

2. Learned counsel for the petitioner submits that there was no deliberate delay on the part of the petitioner; rather, the Lower Court records were received at a belated stage. Consequently, it was not practically possible for him to file the written statement within time.

3. On perusal of the case record, it appears that against the ex-parte decree passed on 13.05.1982 in Title Partition Suit No. 134 of 1979, First Appeal No. 425 of 1991 and Miscellaneous Appeal No. 112 of 1991 were preferred, wherein the Court was pleased to record the following finding:-

“25. Let the record of Title Partition Suit No. 134 of 1979 be returned to the court of Sub Judge I, Patna with a