SERIJAN Vs. LOKESH

JUDGEMENT

(1.) In the suit by the respondent for specific performance an application was filed seeking acceptance of the belated written statement which came to be rejected. Hence, this petition by the defendants.

(2.) The learned Counsel appearing for the petitioners submits that the impugned order is bad in law and liable to be set aside. By placing reliance on the affidavit filed in support of the application he contends that his brother was mentally unsound and was taking treatment at NIMHANS and he has accordingly produced the medical certificate to the said effect.

(3.) The Trial Court while passing the impugned order took note of the fact that the brother of the defendant was undergoing treatment at NIMHANS and was mentally ill. THE medical certificate shows that he was taking treatment between 2-4-2004 to 8-4-2004. Since the suit was filed in the year 2000 and the medical certificate is produced only for the period from 2-4-2004 to 8-4-2004, the Trial Court disbelieved the same, merely on the ground of delay in filing the application.