This writ petition is filed seeking for following reliefs:

a) Quash the impugned order passed by the learned Principal District and Sessions Judge and Designated Commercial Courts, Dharwad dated:

19.08.2023 in Com O.S.no.67/2022 vide Annexure-D.

b) The petitioner may please be permitted to file the written statement by condoning the delay.

2. Sri Subhash J.Baddi, learned counsel for petitioner submitted that, Commercial O.S.no.67/2022 was filed by respondent-plaintiff for recovery of money etc. In said suit, petitioner, who was defendant filed I.A.no.II under Order VIII Rule 10 Read with Section 151 of Code of Civil Procedure, 1908 (‘CPC’ for short) seeking for permission to file written statement. In affidavit filed in support of application, it was stated in said suit, defendant had entered appearance through legal aid counsel and due to lack of information, had not file written statement in time.

3. On 13.02.2023, taking written statement as not filed, trial Court posted suit for plaintiff’s evidence. Thereafter on 02.06.2023, defendant filed application for permission to file written statement. Though said application was opposed, under impugned order, trial rejected applicat