03. In nutshell, the case of the petitioner is that he is the defendant in Partition Suit No. 22 of 1994 and the petitioner could not file his written statement within time and he filed the same on 14.09.2009 and the learned trial court refused to accept the written statement vide order dated 25.05.2010. Thereafter, the petitioner filed a petition on 17.12.2011 to recall the said order. The said petition was rejected by the learned trial court vide order dated 25.04.2012, which was challenged in CWJC No. 10710 of 2012. This Court set aside the order dated 25.04.2012 passed by the learned trial court subject to payment of cost of Rs. 4,000/-. Further case of the petitioner is that the conducting lawyer of the petitioner/defendant came in collusion with defendant nos. 2 and 14 and filed the written statement with wrong averments on behalf of the petitioner. Though the petitioner put his signature on the written statement in good faith, the said written statement was filed against the interest of the petitioner and this fact came to the knowledge of the petitioner later on. Thereafter, the conducting lawyer, Mr. Kaushal Kishor Singh, deposited Rs. 4,000/- by way of cheque
