- 1 - NC: 2025:KHC:4560 WP No. 2797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2797 OF 2025 (GM-CPC) BETWEEN: D S ALLABHAKSH, S/O D SABJAN SAB, AGED ABOUT 58 YEARS, PROPRIETOR OF DSS TRADERS, (GST NO. 29AGRPA0395F1ZA), OFFICE AT #189/1, CHAMARAJPET, MAIN ROAD, DAVANAGERE-577 001. …PETITIONER (BY SRI R B DESHPANDE, ADVOCATE) AND: 1. M/S BNA AGRO INDUSTRIES, (GST NO. 29AAVFB3575E120), PARTNERSHIP FIRM, REG. OFFICE NO. 20010, CHIKKABUDIHAL VILLAGE, DAVANAGERE TALUK AND DISTRICT-570 001. REP. BY FOLLOWING PARTNERS 2. B N IRSHAD AHAMED, S/O BIRUR NAZEER AHAMED, AGED ABOUT 50 YEARS, PARTNER BNA AGRO INDUSTRIES, DAVANAGERE-577 001. 3. FARAH BANU, W/O B N IRSHAD AHAMED, AGED ABOUT 45 YEARS, Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4560 WP No. 2797 of 2025 PARTNER BNA AGRO INDUSTRIES, DAVANAGERE-577 001. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE INDIAN CONSTITUTION PRAYING TO QUASH THE IMPUGNED ORDER ON I.A.NO.2 FILED UNDER SECTION 151 CPC IN COM.O.S.NO. 60/2024 PASSED BY PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGEGE AS PER ANNEXURE-D AND CONSEQUENTLY TO ALLOW I.A.NO.2 AS PRAYED FOR BY THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This petition is filed by defendant challenging the order dated 07.01.2025 whereby I.A.2 filed by him under Section 151 of CPC in Com.O.S.No.60/2024 seeking permission to file written statement, has been rejected. 2. The plaintiff has filed a suit for recovery of money in Com.O.S.No.60/2024. Even after lapse of 120 - 3 - NC: 2025:KHC:4560 WP No. 2797 of 2025 days from the date of service of summons, defendant had not filed written statement. Thereafter, he filed an application seeking permission to file written statement. 3. Order 8 Rule 1 of CPC provides that the defendant shall within 30 days from the date of service of summons on him, present a written statement of his defence and where the defendant fails to file the written statement within the said period of 30 days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than 120 days from the date of service of summons and on expiry of 120 days from the date of service of summons, the defendant shall forfeit the right to file written statement. 4. In this case, since the application seeking permission to file written statement is after 120 days from the date of service of summons, the trial Court is justified - 4 - NC: 2025:KHC:4560 WP No. 2797 of 2025 in rejecting the application. There is no error or illegality in the order passed by the trial Court. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE VP