IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12497 of 2011 Dhuri Paswan Versus The Sub Divisional Magistrate, ---------------------------------- 03. 09.08.2011. Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the plaintiff- petitioner against the order dated 16.04.2011 passed by Civil Judge, Sr. Division No.1, Lakhisarai in Title Suit No.63 of 2008 whereby and whereunder the learned Court below has allowed the petition filed by the defendant under Order 9 Rule 7 of the Code of Civil Procedure and opportunity has been granted to the defendant-respondent to file written statement. The learned counsel for the petitioner submitted that in view of the express provision as provided under Order 9 Rule 7 of the Code of Civil Procedure, the defendant would have been directed to participate from the date when he appeared and he could not have been allowed to file written statement. The learned counsel relied upon A.I.R. 1964 S.C. 993 and A.I.R. 1961 Kerala 287. From perusal of these said decisions, it appears that the facts of this case is different. In the case of 1964 S.C., the case was fixed for Judgment and at this stage, the defendant had appeared. Likewise the other case is not applicable. - 2 - In the present case, from perusal of the impugned order, it appears that the learned Court below found that the case of the defendant is that no notice was ever served on them and, therefore, they appeared on the basis of rumor in the village. In such view of the matter, it cannot be said that the learned Court below has exercised a jurisdiction not vested in it by law or that he has passed the impugned order in utter disregard of any law or that because of the said order, any failure of justice or grave injustice has been opined. The application under Article 227 of Constitution of India is not meant for only to correct mere error of law or fact. I, therefore, find no merit in this writ application and as such it is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)