ORAL ORDER

(PER: THE HON'BLE MR JUSTICE M.I.ARUN)

1. Aggrieved by the order dated 13.06.2024 passed by XI Additional District Judge, Bengaluru Rural District, Bengaluru, on I.A.Nos.10 to 12 in Com.O.S.No.104/2022, the defendant therein has preferred this writ petition.

2. The defendant has filed his written statement within the time stipulated, but it does not comply with the provisions of Order VI Rule 15-A of CPC as amended by the Commercial Courts Act, 2015. The written statement was not verified in the manner provided and as per Order VI Rule 15A(4) of CPC, the defendant cannot rely upon such pleadings for leading evidence. It is submitted that the petitioner realized the mistake after the evidence of the plaintiff was closed and the trial court ordered that the petitioner/defendant cannot lead his evidence. Immediately, he filed I.A.No.10 under Section 151 of CPC to recall the said order of the trial court, I.A.No.11 under Section 151 of CPC with a prayer to permit the defendant to file the statement of truth in support of his written statement and I.A.No.12 under Section 5 of the Limitation Act read with Section 151 of CPC praying to condone the delay in filing I.A.No.11. The t