PREMAVATHI Vs. S.V. JAYAMMA AND ORS.

JUDGEMENT

(1.) The respondents 1 to 4 who are the plaintiffs in the suit have entered caveat. Considering the nature of dispute involved, the presence of respondents 5 to 9 is not necessary at this stage. Hence, the petition is taken up for consideration and disposed of by this Court.

(2.) The petitioner who is the defendant No. 5(b) in the suit has filed the application under Section 151 of the Code of Civil Procedure permitting her to file the written statement and contest the suit on merits. The Court below after taking note of the objections put forth by the plaintiffs has rejected the application by its order dated 25.07.2014. The Court below has taken note of the sequence and thereafter had arrived at the conclusion that the petitioner was not diligent in filing the written statement and therefore, the opportunity as sought cannot be granted at this juncture.

(3.) The learned counsel for the respondents 1 to 4 seeks to sustain the order by pointing out that the Court below had infact referred to all aspects of the matter including the leave granted by this Court in W.P. No. 21754/2013 and even thereafter since the petitioner was not diligent, the Court below has rejected the application. It is contended that the said decision arrived at by the Trial Court is in accordance with law laid down by the Hon'ble Supreme Court and therefore, the order does not call for interference.