Mrs. Sindhu Bhaskar v. Mr. Mohan Das K
Constitution of India, Article 227 – Civil Procedure Code, Order VIII Rule 1 r/w Section 151 – Written statement filed beyond 120 days
Case brief
What is this about?
Karnataka High Court (Bengaluru), Writ Petition No. 24129 of 2025 (GM-CPC), decided 16-04-2026 by H.T. Narendra Prasad, J. Sindhu Bhaskar (defendant) v. Mohan Das K (plaintiff). Article 227 petition against rejection of I.A.No.2/2025 in O.S.No.26382/2024 under Order VIII Rule 1 r/w Section 151 CPC seeking condonation of delay and acceptance of written statement filed after 120 days. Held: suit still at plaintiff's evidence stage; application allowed in the interest of justice on payment of Rs.5,000/- costs; impugned order dated 19.07.2025 set aside; order declared non-precedential for two other similar matters.
What did the court decide?
Writ petition allowed; the order dated 19.07.2025 passed by the LXXII Additional City Civil and Sessions Judge, Bengaluru on I.A.No.2/2025 in O.S.No.26382/2024 set aside; I.A.No.2/2025 allowed subject to the petitioner/defendant paying cost of Rs.5,000/- to the respondent/plaintiff by the next date of hearing before the Trial Court; petitioner cannot claim this order as a precedent in the other two matters.