M NARAYANSWAMY Vs. M VASU

JUDGEMENT

(1.) THESE Writ Appeals are filed against the order dated 8. 6. 2004 passed in W. P. Nos. 21174/2004 and 21921/2004 wherein the learned Single Judge has declined to interfere with the order passed by the Trial Court in O. S. No. 3901/2003 rejecting the application I. A. s. I and II seeking permission to file written statement in the suit.

(2.) THE learned Counsel appearing for the appellant submitted that the learned Single Judge has erred in not interfering and further not appreciated the fact that the appellant could not file the written statement within 90 days as stipulated under Order 8 Rule 1 CPC. as he was suffering. He further submitted that the learned Single Judge also not appreciated the decision of this Court in MOHAMMED ANWAR SINCE DECEASED BY HIS LRS. v. SABIR AND ORS. , ILR2004 KAR 2759 wherein delay of nine years was not interfered and erred in relying on the decision in A. SATHYAPAL AND ORS. v. SMT. YASMIN BANU ansari, ILR2004 KAR 1399.

(3.) HEARD the learned Counsel for the appellant and perused the material on record.