VELINTIA FERNANDES, W/O LATE PHILIP FERNANDES Vs. VERONICA VAZ ALIAS VERONICA PEREIRA, WIDOW OF LATE THOMAS PEREIRA

JUDGEMENT

(1.) Rule made returnable forthwith. Shri Godinho, the learned Counsel waives service on behalf of Respondent no. 1 who is the only contesting Respondent being the original Plaintiff. Heard finally by consent of parties.

(2.) The challenge in this petition under Article 227 of the Constitution of India, is to the Order dated 29.07.2017 passed by the learned Civil Judge Junior Division at Vasco-da-Gama in Regular Civil Suit no. 10/2014/D. By the impugned order the application filed by the Petitioner [original Defendant no. 4(a)] for condonation of delay in filing the written statement has been dismissed.

(3.) On hearing the learned Counsel for the parties, I find that the petition can be disposed of on a short ground. The original Defendant no. 4 who was the husband of the Petitioner died somewhere in August, 2016 and after his death the present Petitioner was impleaded as his legal representative on record. It is further a matter of record that the original Defendant no. 4 had already filed a written statement in the Suit on 15.04.2014. In so far as the application for condonation of delay in filing the written statement is concerned, the only ground taken by the Petitioner was that the Petitioner was unable to take out a computer printout of the written statement on 10.02.2017 on which date the Suit was fixed for filing of written statement. This, the learned Trial Court has disbelieved, on the ground that the copy of the written statement was not annexed to the application for condonation of delay which was filed on 08.06.2017.