SRI DORA BABU S/O V. DORASWAMY AGED ABOUT 42 YEARS R/O NO. 22, CHOWDAPPA COCONUT GARDEN, HOSAKERAHALLI BANASHANKARI III STAGE BANGALORE Vs. SRI C.V. JAGADISH W/O C.V. JAGADISH AGED ABOUT 50 YEARS

JUDGEMENT

(1.) Though the writ petition is listed for preliminary hearing, with the consent of Learned Counsel on both sides, it is heard finally.

(2.) The petitioner herein is the plaintiff in O.S. No. 4663/2010. That suit has been filed by the plaintiff seeking recovery of a sum of Rs.1,94,626.00 with interest at the rate of 21 % p.a. from the date of the suit till realization. In response to the said plaint, the respondents herein who are the defendants in the suit filed their written statement seeking a counter claim to the tune of Rs.2,00,000.00 on the alleged breach of the contractual agreement dated 08.03.2007. No written statement to the counter claim was filed by the plaintiff. Thereafter, the suit was set down for trial. On 05.08.2016, I.A. No. 7 was filed by the plaintiff under Sec. 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') seeking permission to file the written statement to the counter claim sought by the defendants. That application was rejected by Order dated 13.09.2016. Being aggrieved by the rejection of the said application, the plaintiff has preferred this writ petition.

(3.) I have heard Learned Counsel for the petitioner and the Learned Counsel for the respondents.