P. K. JAYANNA Vs. G. NAGARAJ

JUDGEMENT

(1.) This petition by the defendant No.4 in O.S.No.25236/2010 is directed against the impugned order dtd. 13/1/2022 passed by the LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (for short, 'the trial Court') whereby, the application filed by the petitioner-defendant No.4 under Sec. 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') for permission to file the written statement was rejected by the trial Court.

(2.) Heard learned Senior counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the respondents-plaintiffs instituted the aforesaid suit for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. In the said suit, the petitioner having been arrayed as the defendant No.4, did not file his written statement and after a lapse of about 11 years, the petitioner filed the instant application seeking permission to file the written statement inter alia contending that apart from the fact that the petitioner had a good difference to urge in the suit, certain documents were not available and the inability on the part of the petitioner to file the written statement earlier was due to bonafide reasons, unavoidable circumstances and sufficient cause. It was also contended that the petitioner would be ready to abide by the terms and conditions to be imposed by the trial Court in the event permission is granted in his favour to file the written statement. The said application having been opposed by the respondents-plaintiffs, the trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which, the petitioner is before this Court by way of the present petition.