RAJESHWARI Vs. SUNIL AND ORS.

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 13.03.2019 on I.A.No.23 in O.S.No.72/2011 on the file of the Additional Senior Civil Judge, Gadag.

(2.) The petitioner is the plaintiff and the respondents are defendants in O.S.No.72/20 11 filed for partition and separate possession. Defendant Nos.15 and 17 who are purchasers filed I.A.No.23 dated 25.02.2019 under Section 151 of CPC seeking permission to file written statement. When the said application was filed, the suit was at the stage of evidence of the plaintiff. In the affidavit accompanying the application, defendant Nos.15 and 17 stated that, they appeared before the Court on service of summons, due to ill- health, they could not properly appear before the Court. It is also stated that, they provided necessary documents and information to prepare written statement, but the counsel had not filed the written statement. After commencement of evidence, when they approached the counsel, it came to their knowledge that the written statement is not filed. Hence, they sought permission of the Court to file written statement. The plaintiff filed objection to the application contending that there is inordinate delay which is not explained properly. There is no reason whatsoever to condone the delay in filing the written statement. It is stated that, after commencement of trial, the defendants could not have filed the written statement. The trial Court considering the contentions raised by the parties, by order dated 13.03.2019 allowed I.A.No.23 on costs and permitted defendant Nos.15 and 17 to file the written statement. Aggrieved by the same, the petitioner-plaintiff is before this Court in this writ petition.

(3.) Heard the learned counsel for the petitioner and perused the writ papers.