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KARNATAKA HIGH COURT
VIJAYKUMAR A. PATIL, J
SRI. VENKATESH S/O LATE GOVINDAN, SINCE DEAD BY HIS LRs. – Appellant
Versus
SMT. YELLAMMA W/O LATE GOVINDAN, SINCE DEAD BY HER LRs. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks permission to file written statement. (Para 1 , 2) |
| 2. trial court erred in rejecting based on delay without prejudice. (Para 4 , 5 , 6) |
| 3. supreme court's principles on directory nature of procedural timelines. (Para 7 , 8) |
ORAL ORDER
This petition is filed challenging the order dated
27.03.2015, passed on I.A.No.5 filed under Section 151 of the Code of Civil Procedure, 1908 , (for short 'CPC') by the petitioner/defendant No.3 seeking permission to file the written statement in O.S.No.2142/2009 pending on the file of the XLIII Additional City Civil and Sessions Judge, Bangalore (CCH-44).
2. Sri. A. Balakrishnan, learned counsel appearing for the petitioners submits that the respondent/plaintiff - Smt.Yellamma filed a suit for partition and separate possession against her husband Govindan. After the death of the original defendant, legal heirs of Govindan were brought on record in the pending suit. The petitioner is the defendant No.3 in the aforesaid suit, he could not file the written statement within the stipulated time. Hence moved an application seeking permission of the Court to accept the written statement. However, the Trial Court rejected the
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