TANGEWWA Vs. VISHALAXI

JUDGEMENT

(1.) By the impugned order, an application filed by the

(2.) nd defendant seeking permission to file the written statement has been rejected by the Trial Court on the ground that the application was made after 12 years and was thus belated. 2. It is not in dispute that though the suit was filed in the year 2004, the same was dismissed on 27/6/2008 and the said decree was set-aside in R.A.No.189/2008 on 2/3/2015 and it is only thereafter the present application has been filed.

(3.) Having regard to the fact that the matter was remanded to the Trial Court, in my view, it would be appropriate to grant the permission sought for by the 2nd defendant to file the written statement.