ASHOK MURTHY Vs. MUNIYAMMA

JUDGEMENT

(1.) Petitioners are before this Court, under Article 227 of the Constitution of India challenging the common order dated 22.01.2020 rejecting two applications filed under Section 151 of CPC to accept the written statement of defendants No.4 to 7 and under Order XVIII Rule 17 of CPC to recall P.W.1 in O.S.No.8276/2012 on the file of the III Additional City Civil and Sessions Judge, Bengaluru.

(2.) The petitioners are defendants No.4 to 7, respondents No.1 to 4 are plaintiffs and respondent Nos.5 to 40 are co- defendants in the above stated suit. The suit is one for partition and separate possession of the suit schedule properties. The suit is at the stage of final arguments. At that stage, the petitioners/defendants No.4 to 7 filed two applications, one under Order XVIII Rule 17 of CPC to recall P.W.1 for cross-examination and another application under Section 151 of CPC to condone the delay and to take on record the written statement.

(3.) The defendants in the affidavit accompanying application filed under Section 151 of CPC seeking condonation of delay and permission to file written statement stated that the defendants No.5 to 7 being sisters of defendant No.4 were residing in matrimonial home and could not instruct their counsel well in time to file written statement. Further, it is stated that the plaintiffs had previously filed O.S.No.6451/2008 and they required some time to get certified copies of the same. In the same lines, the affidavit in support of application under Order XVIII Rule 17 of CPC was filed. The above applications were opposed by the plaintiffs by filing objections. It was contended that only to drag on the proceedings, the present applications are filed. No reason whatsoever is stated to condone the delay in filing the written statement. The trial Court under the impugned order rejected both the applications stating that there is no cogent reason to condone the delay of more than four years. Aggrieved by the said order, the petitioners are before this Court in this writ petition.