P. PUTTARAMU Vs. VENKATAPPA

JUDGEMENT

(1.) This is a defendant's writ petition against the order dated 15-7-2016 in O.S. No. 290 of 2013 on I.A. No. 4 on the file of Civil Judge and Judicial Magistrate First Class at Periyapatna, rejecting the application filed by the defendant seeking permission to file written statement.

(2.) The respondent-plaintiff filed a suit for specific performance of contract to enforce the agreement dated 27-6-2009 contending that the defendant had executed an agreement of sale in respect of the suit schedule property for a total sale consideration of Rs. 2,70,000.00 and has received advance of Rs. 2,05,000.00 and the balance amount of Rs. 65,000.00 was to be paid at the time of registration of the sale deed. In spite of repeated requests, he has not bothered to execute the sale deed and hence the plaintiff has filed the said suit.

(3.) The suit was filed on 21-10-2013 and the defendant appeared before the Trial Court on 18-11-2013 and filed an application seeking permission to file written statement. The said application was allowed and time was granted till 5-12-2013 to file the written statement, but the defendant failed to file the same within the time stipulated. Thereafter, the case was posted for plaintiff's evidence and the defendant did not chose to cross-examine the plaintiff and hence plaintiff's cross-examination was taken as 'nil'. When the case was posted for arguments, the defendant has filed LA. No. 4 seeking under Sec. 151 of Civil Procedure Code, 1908 seeking permission to file the written statement contending that he was suffering from BP and diabetes over a period of two years and hence was unable to contact his Advocate to give instructions to file written statement. The delay was not intentional, but for the reasons stated above. Hence he sought for allowing the application. The said application was resisted by filing objections by the plaintiff. The Trial Court, by the impugned order dated 15-7-2016, rejected the said application on the ground that though the defendant was granted time till 5-12-2013, defendant has not filed the written statement and has not produced any medical certificates to support his contention that he was suffering from ill-health during the relevant period. Hence the present writ petition by the defendant praying to set aside the impugned order and permit him to file written statement.