SHARADAMMA Vs. KALID PASHA

JUDGEMENT

(1.) The petitioner, who is the third defendant before the trial court, has filed the present writ petition against the order dated 4.4.2017 on I A No.IV made in O S No.43/2015, rejecting the application filed by him under Order 8 Rule 2 R/w Sec. 151 of Civil Procedure Code for permission to file written statement.

(2.) The first respondent, who is the plaintiff before the trial court, filed the suit for partition and separate possession of 1/3rd share of plaintiff and defendants No.1 & 2 after excluding alienated portion measuring 60 x 75 ft. to D-4 out of total measurement of the suit schedule property by metes and bounds, contending that he has purchased the suit schedule property to an extent of 235 x 125 ft. from father of defendants No.1 & 2 and he is entitled to the share etc.,.

(3.) The defendants 1 & 2 filed written statement denied the averments made in the plaint. The matter was posted for defendants' evidence after completion of evidence of the plaintiff. At that stage, the defendant No.3 filed the present application seeking permission to file written statement and to defend the suit on merits, contending that though suit summons was served to the third defendant and he engaged a counsel, but in the meanwhile, a criminal case was lodged by the Agricultural Department, against him, he was little busy persuing the criminal case and therefore he could not file the written statement within the stipulated time. Now he has engaged a new counsel and ready to file the written statement. The delay in filing the written statement is not intentional or deliberate. Therefore, he prayed to allow the application.