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1 - 3 of 3 (0.31 seconds)Kailash vs Nanhku & Ors on 6 April, 2005
11. Explaining the default on the part of the defendant for not
filing written statement it has been stated that late C.C. Chandregowda
represented by his Lr. C.C. Harish was suffering from severe illness
due to jaundice. This fact was pleaded before the High Court at the stage
of appeal and the High Court in the light of the same has rightly
remanded the matter to the trial court to re-consider it afresh. Learned
counsel for the defendants-respondents also submitted that the remand
order of the High Court will not serve the interest of justice if the
defendants-respondents are not allowed to place written statement of the
defendants-respondents on record and the remand order will not serve any
useful purpose if the suit is restored and ordered for retrial without
permitting the defendants-respondents to file written statement.
Learned counsel has contended that the filing of written statement is
governed by procedural law and this Hon’ble Court has held in Kailash
vs. Nanhku And Ors. reported in (2005) 4 SCC 480, as follows:-
Article 136 in Constitution of India [Constitution]
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