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2016 Supreme(Kar) 446

P.S.DINESH KUMAR
Micheal F. Saldanha – Appellant
Versus
M. P. Noronha – Respondent


Advocates Appeared:
For the Appellant : Vivek Reddy, Subba Reddy K.N.
For the Respondents: Jayakumar S. Patil, Cyril Prasad Pais

ORDER :

P.S. Dinesh Kumar, J.

1. Issue Rule.

2. The petitioner, in this writ petition, has challenged the order dated 16.3.2016 passed by the Trial Court rejecting I.A. No. IX filed on his behalf under Order VIII Rule 1 read with Section 151 CPC seeking condonation of delay of 312 days in filing the written statement.

3. Heard Sri Vivek Reddy, learned Senior Counsel for the petitioner and Sri Jayakumar S. Patil, learned Senior Counsel for the caveator/respondent No. 1.

4. The first respondent - plaintiff has filed O.S. No. 171/2014 with following prayers:-

"(a) For a permanent prohibitory injunction restraining the defendants, their men, servants, agents or anybody claiming through or under them from making/publishing defamatory statements or any statements photos, pictures, articles relating to Plaintiff/applicant tending to damage the reputation of the plaintiff,

(b) Directing the defendants jointly and severally to pay sum of Rs. 5,50,000/- towards the damages to the Plaintiff,

(c) Cost of the suit,

(d) Such other and further reliefs as the court deems fit to grant."

5. Petitioner entered appearance in the suit through his Advocate on 13.3.2013 by filing Vakalathnama. He filed I.A. No. V

























































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