- 1 - HC-KAR NC: 2025:KHC:44736 CRP No. 292 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 292 OF 2021 (SC) BETWEEN: 1. SRI ANAND BABU AGED ABOUT 38 YEARS SON OF LATE P S NARAYANA HAVING PLACE OF BUSINESS AT C M ENGINEERING WORKS NO.80-4/1 B. OOSMAN KHAN ROAD OPPOSITE MYSORE SUGAR COMPANY BANGALORE - 560 002. …PETITIONER (BY SRI. SYED KHAMRUDDIN, ADVOCATE) AND: 1. SRI MADDURAMMA DEVASTHANA SEVA SAMITHI NO.80-4/1 B USMAN KHAN ROAD BANGALORE - 560 002 REPRESENTED BY ITS SECRETARY SRI. VENKATESH KUMAR …RESPONDENT (BY SRI. M. MANJUNATH, ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSES COURT ACT 1964 AGAINST THE JUDGMENT AND ORDER DATED 21.10.2021 PASSED IN SC NO.646/2018 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44736 CRP No. 292 of 2021 BENGALURU, DISMISSING THE APPLICATION FILED UNDER SECTION 5 OF THE LIMITATION ACT AND UNDER SECTION 151 OF CPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri. Syed Khamruddin., learned counsel for the petitioner. 2. None appears for the respondent. 3. Order under revision is the rejection of the written statement which was filed belatedly. Time line fixed in the amended code of civil procedure to file written statement is now well settled that it is not mandatory but it is directory. 4.Therefore, unless compelling circumstances are made out by the plaintiff, the application seeking leave to - 3 - HC-KAR NC: 2025:KHC:44736 CRP No. 292 of 2021 file belated written statement cannot be rejected as a matter of course. 5. In the case on hand, no such compelling reasons are forthcoming so as to reject the written statement. 6. However, the delay in filing written statement is not properly explained and plaintiff need to be compensated as suit is of the year 2018. 7. Hence, written statement is permitted to be taken on record on payment of costs of Rs.10,000/-(Rupees Ten Thousand only) payable by the revision petitioner to the respondent-plaintiff. 8. Hence, following:- ORDER i. Revision Petition is allowed. ii. Consequently impugned order dated 21.10.2021 in S.C No.646/2018 is set aside and application filed seeking leave to file - 4 - HC-KAR NC: 2025:KHC:44736 CRP No. 292 of 2021 written statement is allowed on payment of costs of Rs.10,000/- (Rupees Ten Thousand only). iii. Payment of cost is condition precedent for further participation in the matter. iv. Written statement shall be entertained on 19.12.2025 and Trial Court is directed to dispose of the suit as expeditiously as possible. Sd/- (V SRISHANANDA) JUDGE VS List No.: 1 Sl No.: 61