JAYAN Vs. MURALEEDHARAN

JUDGEMENT

(1.) The petitioner, who is the 1st defendant in O.S.No.58 of 2014 on the file of the Sub Court, Thrissur, has filed this original petition under Article 227 of the Constitution of India, seeking an order to set aside Ext.P8 order dated 14.8.2017 of the said court in I.A.No.2830 of 2017 in that suit, which is an interlocutory application filed under Order VIII Rule 9 read with Section 151 of the Code of Civil Procedure, 1908, seeking permission to file additional written statement. The relief sought for in the said application was opposed by the 1st respondent/plaintiff by filing Ext.P6 counter affidavit contending, inter alia, that the application is highly belated and that, no reasons have been stated for not filing such an application earlier, etc. After considering the rival contentions, the court below dismissed the said application by Ext.P8 order dated 14.8.2017 and the reasoning of the said court, as contained in paragraph 4 of that order, reads thus;

(2.) Heard the learned counsel for the petitioner/1st defendant.

(3.) The sole issue that arises for consideration in this original petition is as to the legality or otherwise of Ext.P8 order dated 14.8.2017 of the court below in I.A.No.2830 of 2017 in O.S.No.58 of 2014.