KEMPEGOWDA Vs. VENKAMMA

JUDGEMENT

(1.) The petitioner-defendant has filed the present writ petition against the order dated 14.07.2016 on I.A. No.11 made in O.S. No.108/2008 on the file of the Senior Civil Judge, Doddaballapur dismissing the application I.A. No.11 filed under Sec. 151 of Code of Civil Procedure for permission to file written statement.

(2.) The Respondent Nos.1 to 6 are the plaintiffs before the trial Court, filed suit for partition and separate possession contending that the suit schedule properties are joint family properties of the plaintiffs and defendants and there was no partition in the family. Therefore, the plaintiffs are entitled for th share in the suit schedule properties. Despite, the service of suit summons, though the defendants appeared through their Advocate on 16.04.2009 have not filed written statement within 30 days from the date of service i.e., on or before 16.05.2009. In spite of granting sufficient time, on 03.06.2010 the defendants have not filed written statement, therefore, the trial Court held that the written statement is taken as not filed.

(3.) When the matter was posted for plaintiffs evidence, at that stage, the defendants have filed application under Sec. 151 of Code of Civil Procedure for permission to file written statement contending that the defendant No.1 was illiterate and he was in search of the original documents, he could not able to secure the documents and thereafter, he applied for certified copies. Under these circumstances, there was delay in filing the written statement, was due to the bona fide reasons and not intentional. The said application was resisted by the plaintiffs by filing objections contending that the defendants are intentionally dragging matter for the last 8 years and have not filed written statement. Hence, the plaintiffs are sought for dismissal of the application. The trial Court considering the entire materials on record, by the impugned order dated 14.07.2016 has dismissed the I.A. No.11. Hence, the present writ petition is filed.