DENNIS CUNHA Vs. MAHANANDA

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 26.09.2012 passed on I.A. No. 4 in O.S. No. 11/2010.

(2.) THE petitioners herein are the second and third defendants in O.S. No. 11/2010 (old number O.S. No. 352/1999). In the said suit, the second defendant (petitioner No. 1 herein) has filed an application seeking condonation of delay in filing the written statement. The application is registered as I.A. No. 4. The Court below has dismissed the application by the order dated 26.09.2012. The petitioner is therefore before this Court against the said order.

(3.) LEARNED counsel for the petitioner would however contend that the need for filing the written statement has arisen only subsequent to the order being passed in M.A. No. 28/2005 and thereafter, the Commissioner submitting the report in the suit. It is therefore contended that when reasons were put forth for the delay, the Court below ought to have considered this aspect of the matter.