A M KHAITHAN Vs. M SHESHAPPA

JUDGEMENT

(1.) THIS writ petition by defendant No. 7 is directed against the interlocutory order of the Trial Court dtd. 11 -6-2004 rejecting his application-I. A. No. II filed u/s. 151 of CPC to permit him to file written statement in O. S. No. 1225/2002.

(2.) I have heard learned Counsel for the petitioner and perused the impugned order. Learned Counsel in support of his submission that the impugned order is erroneous has relied on a Division Bench judgment of this Court in Mohammed Anwar (Deceased) By LRs v. Sabir (2004)2 KCCR 1337 ).

(3.) THE trial Court by the impugned order has rejected the petitioner's application for leave to file written statement on the ground that it had no power to extend time beyond what is stipulated under Order VIII Rule 1 of the Code of Civil Procedure, 1908.