IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.205 of 2008 1. Kapil Singh son of late Shiv Prasad Singh 2. Hari Narayan Singh son of late Kali Charan Singh 3. Pritam Singh son of Kapil Singh 4. Most.Rajmuni Kunwar wife of late Shiv Prasad Singh All resident of village Amaon, P.S. Karamchat, District Kaimoor at Bhabhua.………Defendant 2nd set –Petitioners. Versus 1. Ramcharitter Singh @ Charitter Singh son of Ramswaroop Singh 2. Nirmal Singh @ Nirmal Kumar Singh son of Ramcharitter Singh @ Charitter Singh 3. Ajit Kumar Singh son of Nirmal Singh 4. Anil Kumar Singh son of Nirmal Singh All resident of village Amaon, P.S. Karamchat, District Kaimoor at Bhabhua ………Plaintiffs-Opposite parties. 5. Bhagirathi Singh 6. Shyamrati Singh 7. Rajbali Singh 8. Ramayan Singh O.P. No.5 to 8 are sons of late Hari Charan Singh 9. Jokhu Singh 10. Blister Singh Both sons of Bhagirathi Singh 11. Sukhraj Singh 12. Ramesh Singh 13. Archinya Singh O.P. No.11 to 13 are sons of Shyamrati Singh 14. Parasuram singh 15. Nandu Singh Both sons of Rajgrihi Singh 16. Santosh Singh son of Rajbali Singh 17. Sanjay Singh 18. Deenanath Singh 19. Nikku Singh O.P. No.17 to 19 are sons of Ramayan Singh 20. Rakesh Singh, minor 21. Maghil Singh, minor 22. Baccha, name not known O.P. No.20 to 22 are minor sons of Sukhraj Singh and under the guardianship of father and natural guardian 23. Baccha name not known 24. Baccha, name not known O.P. No.23 to 24 are minor sons of Ramesh Singh and under the guardianship of father and natural guardian 25. Baccha, name not known 26. Baccha name not known 2 O.P. No.25 to 26 are minor sons of Parasuram Singh and under the guardianship of father and natural guardian 27. Baccha, name not known minor son of Nandu Singh and under the guardianship of father and natural guardian 28. Baccha, name not know minor son of Santosh Singh and under the guardianship of father and natural guardian. All resident of village Amaon, P.S. Karamchat, District Kaimoor at Bhabhua.….Defendants 1st set-Opposite parties. For the petitioners : Mr. Jitendra Kumar Pandey, Advocate. For the opposite parties : None. ----------- 03/ 08.12.2009 Heard learned counsel for the petitioners. This civil revision has been filed by defendants 2nd party-petitioners challenging order dated 04.12.2007 by which learned Subordinate Judge-I, Bhabhua rejected their application for allowing them to file their written statements in Title Suit No.83 of 2003. The aforesaid suit was filed by plaintiffs-opposite parties 1st set for partition of their suit land and for other ancillary reliefs. In the said suit the defendants appeared whereafter issues were framed and evidence started. It transpires that only thereafter an application dated 12.10.2007 was filed by the defendants-petitioners for allowing them to file their written statements. This application has been rejected by the learned court below vide its order dated 04.12.2007 against which the instant civil revision has been filed. Although learned counsel for the petitioners vehemently challenges the said order of the learned court below but from the facts and circumstances of this case, it is quite apparent that the defendants-petitioners had appeared in the suit in 3 the year 2003 itself and had filed an application dated 24.09.2003 stating that written statement of defendants 1st party is adopted by them. In the said circumstances there was no occasion for filing an application dated 12.10.2007 after more than four years for filing a written statement when the hearing of the suit was going on and no valid reason was shown by the defendants for the said delay. In the said circumstances the learned court below had rightly come to the conclusion that the said application cannot be legally entertained and the defendants 2nd set-petitioners merely wanted to delay the disposal of the suit by that method. Thus considering the above facts this court does not find any illegality in the impugned order of the learned court below nor does it find any jurisdictional error therein. Accordingly, this civil revision is dismissed. harish/ ( S. N. Hussain, J. )