Allowed¶50

A Ganesh v. Dr.Chaitra

Karnataka HC17 Apr 2026WP/2928/2026

Case brief

AI extract

What is this about?

Karnataka HC Bengaluru; WP No. 2928 of 2026 (GM-CPC); certiorari; Order VIII Rule 1 CPC amendment; Karnataka Amendment Act No.40/2025; 120-day limit for written statement; temporal applicability — suits filed after 05.06.2025 only; O.S.No.205/2025 partition suit Davanagere filed 02.06.2025; I.A.No.5 under Section 151 CPC for filing written statement with condonation of delay allowed; order dated 13.01.2026 of II Addl. Senior Civil Judge, Davanagere set aside; related decision W.P.No.8067/2026 disposed of 17.03.2026.

What did the court decide?

Writ petition allowed; impugned order dated 13.01.2026 passed on I.A.No.5 in O.S.No.205/2025 by the Trial Court set aside; consequently I.A.No.5 filed by defendant No.1 under Section 151 of CPC seeking permission to file the written statement allowed. ¶50

A Ganesh Vs Dr.Chaitra — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the provisions of Order VIII Rule 1 of the CPC as amended by Karnataka Amendment Act No.40/2025 (forfeiture of the right to file the written statement upon lapse of 120 days from service of summons) apply to a suit filed before 05.06.2025 — specifically O.S.No.205/2025 filed on 02.06.2025. +1 more

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Court's answer

The provisions of Order VIII Rule 1 of the CPC as amended by Karnataka Amendment Act No.40/2025 are applicable only to suits filed after 05.06.2025.

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Ratio / Principle

Since O.S.No.205/2025 was filed on 02.06.2025, i.e., prior to the coming into force of the Amendment Act, the provisions of Karnataka Amendment Act No.40/2025 are not applicable to this case.

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Key takeaways

The impugned order dated 13.01.2026 rejecting I.A.No.5 is liable to be set aside, and is accordingly set aside; consequently I.A.No.5 seeking permission to file the written statement is allowed.ratio¶40

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution by defendant No.1 in O.S.No.205/2025 (partition suit, Davanagere) challenging rejection of I.A.No.5 seeking permission to file his written statement beyond 120 days from service of summons, on the strength of Order VIII Rule 1 CPC as amended by Karnataka Amendment Act No.40/2025. Relying on its earlier decision in W.P.No.8067/2026 (disposed of on 17.03.2026), the Court held that the amended Order VIII Rule 1 applies only to suits filed after 05.06.2025; as the suit was filed on 02.06.2025, the Amendment Act provisions were not applicable. The impugned order dated 13.01.2026 of the II Additional Senior Civil Judge, Davanagere was set aside and I.A.No.5 under Section 151 CPC was allowed.

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NC: 2026:KHC:21078 WP No. 2928 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2928 OF 2026 (GM-CPC)

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BETWEEN:

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A GANESH S/O LATE BASAPPA AGED 73 YEARS R/AT NO.146, 2^ND MAIN A BLOCK, NIJALINGAPPA LAYOUT DAVANAGERE-577004.

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…PETITIONER

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(BY SRI. KESHAVA BHAT A., ADVOCATE)

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AND:

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DR.CHAITRA D/O A GANESH AGED ABOUT 36 YEARS R/AT NO.279/1, 4^TH MAIN P.J.EXTENSION, DAVANAGERE -577004.

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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A.G.NAGARATHNA W/O A GANESH AGED ABOUT 67 YEARS

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CHETAN G S/O A GANESH

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AGED ABOUT 39 YEARS

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SHRUTI CHETAN W/O CHETAN G AGED ABOUT 36YEARS R2 TO R4 ARE R/AT MALLIKARJUNA NILAYA D.NO.5682/2, 4^TH MAIN

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NC: 2026:KHC:21078 WP No. 2928 of 2026

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HC-KAR

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7^TH CROSS, S.S.LAYOUT B BLOCK, DAVANAGERE-577004

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…RESPONDENTS

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(BY SRI.G L MOHAN MAIYA., ADVOCATE FOR R1: SRI ABHILASH G HIREMATH, ADVOCATE FOR R2,R3 & R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE IMPUGNED ORDER OF THE II ADDL. SR. CIVIL JUDGE AND JMFC AT DAVANAGERE DATED 13.01.2026 REJECTING IA NO. 5 IN OS NO. 205/2025 (ANNEXURE-A) AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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This writ petition is filed by the petitioner–defendant

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No.1 under Articles 226 and 227 of the Constitution of India, challenging the order dated 13.01.2026 passed on I.A.No.5 in O.S.No.205/2025 by the II Additional Senior Civil Judge, Davanagere (hereinafter referred to as the ‘Trial Court’ for short), whereby, the said application filed by the petitioner/defendant No.1 seeking permission to file the written statement has been rejected on the ground that, in view of the amendment to the Civil Procedure

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3 - NC: 2026:KHC:21078 WP No. 2928 of 2026

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HC-KAR

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Code (hereinafter referred to as ‘CPC’ for short), upon lapse of 120 days from the date of service of summons, the right of defendant No.1 to file the written statement stands forfeited, as per the Karnataka Amendment Act No.40/2025 (hereinafter referred to as ‘Amendment Act’ for short).

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Respondent No.1–plaintiff has filed a suit in O.S.No.205/2025 for partition. Upon service of summons, the petitioner–defendant No.1 filed a written statement along with an application in I.A.No.5 under Section 151 of the CPC, seeking permission to file the written statement by condoning the delay. The Trial Court, on the ground that there was a delay in filing the written statement, rejected the said application by holding that, in view of the Amendment Act, the defendant is required to file the written statement within 120 days from the date of service of summons. Being aggrieved by the same, the present writ petition has been filed.

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NC: 2026:KHC:21078 WP No. 2928 of 2026

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HC-KAR

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This Court, in W.P.No.8067/2026 disposed of on

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17.03.2026, has held that the provisions of Order VIII Rule 1 of the CPC, as amended, are applicable only to suits filed after 05.06.2025.

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In the case on hand, since the suit was filed prior to the coming into force of the Amendment Act, it has to be construed that Karnataka Amendment Act No.40/2025, in respect of Order VIII Rule 1 of the CPC, is applicable only to suits filed after 05.06.2025. In the present case, the suit was filed on 02.06.2025. Therefore, the provisions of Karnataka Amendment Act No.40/2025 are not applicable to the case on hand. Hence, the impugned order is liable to be set aside.

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