IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16773 of 2011 ====================================================== Sudarshan Kumar Rai, son of late Sita Ram Rai, resident of Village – Manaura, P.O. – Khairaha, P.S. – Dehari, District – Rohtas (Sasaram) .... .... Defendant / Petitioner Versus Gulashan Kumar (Minor), son of late Om Prakash Rai, resident of Village – Manaura, P.S. – Dehari, P.O. – Khairaha, District – Rohtas under guardianship of Grand father Bhagawati Singh, son of late Deo Raj Rai, R/o Village – Pandey Dehari, P.O. Sakala Bazar, P.S. – Karakat (Gorari), Dist. – Rohtas (Sasaram) ……………………………..…. Plaintiff …. Respondent. ====================================================== Appearance : For the Petitioner : Mr. Surendra Kumar Choubey, Advocate. For the Respondent no. 1: Mr. Chandra Sen Pd. Singh, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 6 22-12-2011 Learned Advocate Mr. Surendra Kumar Choubey appears for the petitioner. He states that the respondent nos. 2 to 6 are the supporting defendants; neither any relief is claimed against the respondent nos. 2 to 6 nor are they the contesting parties. He, therefore, seeks leave to delete the names of respondent nos. 2 to 6 from the cause title. Leave is granted. The names of respondent nos. 2 to 6 be deleted from the cause title. Necessary corrections will be carried out in the cause title within two weeks from today. This petition under Article 227 of the Constitution was originally filed as Civil Revision No. 253 of 2008 under Section 115 of the Code of Civil Procedure. By order dated 3rd August 2011, the revision application was permitted to be Patna High Court CWJC No.16773 of 2011 (6) dt.22-12-2011 2 / 2 2 converted into writ petition under Article 227 of the Constitution. The respondent no. 1 has instituted Title Suit No. 230 of 2005 in the court of Sub Judge VI, Sasaram, Rohtas against one Sita Ram Rai. Pending the suit, the said Sita Ram Rai passed away in July 2005. The petitioner and the respondent nos. 2 to 6 have been substituted in the pending suit as the heirs and legal representatives of the deceased defendant Sita Ram Rai. Since the impleadment of the legal representatives of the deceased defendant Sita Ram Rai on 1st May 2006, the petitioner filed written statement on behalf of the respondents on 13th October 2006. The same having been filed beyond the statutory period of 90 days, the learned Sub Judge, by his order dated 12th November 2007, refused to accept the same. Feeling aggrieved, the defendant has preferred this petition. Heard the learned advocates. On the facts and in the circumstances of the case, this petition is allowed. The impugned order dated 12th November 2007 made by the learned Sub Judge VI, Sasaram, Rohtas in pending Title Suit No. 230 of 2005 is quashed and set aside. The written statement filed by the petitioner is ordered to be taken on record. The suit will be heard and decided in accordance with law. The parties will bear their own costs. Dilip. (R.M. Doshit, CJ)