IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.792 of 2009 Yogendra Rai, son of late Jugeshwar Rai, resident of Village- Balahiya, Post Office and Police Station- Sakra, Sub-Division- Munsifi, District- Muzaffarpur. ……Defendant…..Petitioner. Versus 1. Nand Ksihore Rai. 2. Raj Kishore Rai. 3. Ram Sakal Rai. 4. Ram Lalit Rai. All sons of late Prabhu Rai. 5. Mosmat Janki Kuer, wife of late Prabhu Rai. All residents of village- Balahiya, Post Office and Police Station- Sakra, Sub-Division- Munsifi, District- Muzaffarpur. …..Plaintiffs…Opp. Parties. ----------- 05- 29.11.2011 Heard Mr. Raj Ballabh Prasad for the petitioner, and Mr. Dhirendra Kumar (Munna) for opposite party nos.1 to 5. The defendant of Title Suit No.192 of 2006 has preferred this civil revision application under section 115 of the Code of Civil Procedure, and is aggrieved by the order dated 18.2.2009, passed by the learned Subordinate Judge 1st Court, Muzaffarpur, in the aforesaid suit, whereby the learned trial court has declined to recall the order dated 17.2.2008, whereby he had been debarred from filing his written statement. 2. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears that the defendant (petitioner herein) 2 had entered appearance in the suit on 28.5.2007 and, in spite of repeated opportunities, did not file written statement till 17.2.2008, on which date the learned trial court passed order debarring him from filing his written statement. He thereafter filed an application with written statement on 18.8.2008, with the prayer to recall the order dated 17.2.2008, which has been declined. It appears to be a case of laches and negligence. We agree with the order of the learned trial court. 3. This civil revision application is dismissed. (S K Katriar, J.) S.K.Pathak/