R] o Magala Village Tq. Huvinahadagali Dismct Bcllaxy ...Responde1ifs This Writ Petition is filed under a1'ti-;:1cs:.?.26 ' the Constitution of India, praying to quaéhing the 3 order on IA No.V in OS No.196/200.7' dated '1_148--2008*}:aSsed ] ' by the learned Principal Civil Judg¢V(sr.on.), and armarc: Hospct Annexure--B and please to allowfljae IA No.*V.&V'o * " I This Writ Petition com' onfgdfoirt the Court made the fofiowing: ' 'M } " .. Notice Was. directed to take notice on for the respondent in
the Court belofi’; showing that notice is
duly served:one~f11e for due plaintifi’ in the Court beiow.
I~§oweve1*,., th:e_i;ewA.is.j§oVIep1esentai’ion on their behaif. As in the
L» béioé oppose: the appiicairion, the matter is
‘token updufor and disposed of by this order.
The petitioner has preferned this writ petition
VT the order passed on I.A.5 which is filed for
booiidonafion of delay in filing the written statement, where
– 3 ..
under the Court has rejected his request. There is a delay of
24 days in preferring the written statement by the defendant-
petitioner. in fact, the plaintiif did not oppose the said
appficaiion. Still, the Court held that the cause shown by the
defendant for the deiay in filing the Written statement did-«
constitute suficient cause or exceptional mason and theIefo’1ef ‘V’
it has rejected the application. 7
3. Though literally speaking, cite xi t
with the order” taking into
consideratioithtthe tietay in filing the Written
statement and and lawyers have to
fully the law, I deem it proper to
–the payment of cost of Rs.1,{}0O-O0 and
{tie written statement. Hence, I pass
is allowed. The impugned order is
Application filed for condoning’ the deiay in
firiggwzhe written statement is allowed. The ma: Court is
to take the written: statement on record. The defendant
shazz pay the cost of Rs.1,000-O0 to the pzaintgffas a mpdi;s;5§’z I”;; ~
precedent for accepting the written siatement on the
of hearing before the trial Court.
Se/-x
leapi-