- 1 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3992 OF 2026 (GM-CPC) BETWEEN: 1. MS. VANDANA BHATT, W/O. MR. BHATT, AGED ABOUT 46 YEARS, HAVING HER OFFICE AT WILLIS TOWERS WATSON INDIA PRIVATE LIMITED, PLANT NO.6, GODREJ AND BOYCE MFG. CO. COMPOUND PIROJSHANAGAR, L.B.S MARG, VIKHROLI WEST, MUMBAI - 400079, MAHARASHTRA. E-MAIL ID : VANDANA. BHATT@WTWCO.COM PH. NO: 91 98200 24178 2. WILLIS EUROPE B.V., A COMPANY HAVING ITS REGISTERED OFFICE AT 5 PROF. E.M. MEIJERSLAAN, AMSTELVEEN, NETHERLANDS - 1183 AV. REPRESENTED BY ITS AUTHORIZED SIGNATORY MS. KINSHUK TIWARI MUWAR. E-MAIL ID : KINSHUK.TIWARI@WTWCO.COM PH. NO : 91 84528 28259 3. WILLIS TOWERS WATSON PLC, A PRIVATE LIMITED COMPANY, HAVING ITS REGISTERED OFFICE AT WILLIS TOWERS WATSON HOUSE, ELM PARK, MERRION ROAD, DUBLIN 4, IRELAND - D04 P231. REPRESENTED BY ITS AUTHORIZED SIGNATORY MS. KINSHUK TIWARI MUWAR. E-MAIL ID : KINSHUK.TIWARI@WTWCO.COM PH. NO : 91 84528 28259 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 4. WILLIS TOWERS WATSON INDIA PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, TOWER B, UNITECH BUSINESS PARK, SOUTH CITY-1, GURGAON, HARYANA - 122001. REPRESENTED BY ITS AUTHORIZED SIGNATORY MS. CHETNA SHARMA E-MAIL ID : CHETNA.SHARMA@WTWCO.COM PH. NO. : 91 97695 70525 …PETITIONERS (BY SRI. S. SRIRANGA, SENIOR COUNSEL APPEARING FOR SRI. ARJUN P K., ADVOCATE) AND: 1. MR. NAVEEN KUMAR MIDHA, AGED ABOUT 57 YEARS, S/O. LATE MR. KEWAL KRISHAN MIDHA, RESIDENT OF VILLA 5, LGCL ASHLAR, KASAVANAHALLI MAIN ROAD, OPP KSR POLICE HEADQUARTERS, SARJAPUR, BANGALORE - 560 099. EMAIL ID : NA, PH.NO. : NA. 2. MR. ROHIT JAIN, S/O. MR. RAMESH CHANDER JAIN, AGED ABOUT 53 YEARS, HAVING HIS OFFICE AT WILLIS TOWERS WATSON INDIA PRIVATE LIMITED, 2ND FLOOR, TOWER B, UNITECH BUSINESS PARK, SOUTH CITY-1, SECTOR 41, GURGAON, HARYANA - 122001. EMAIL ID : NA, PH.NO. : NA 3. MR. VIJAY SURI, S/O. MR. KOSH RAJ SURI, AGED ABOUT 78 YEARS, HAVING HIS OFFICE AT WILLIS TOWERS WATSON INDIA INSURANCE BROKERS PVT. LTD - 3 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 2ND FLOOR, SUCHETA BHAVAN, 11A, ROUSE AVENUE LANE, VISHNU DIGAMBAR MARG, NEW DELHI - 110 002. E-MAIL ID : NA PH. NO. : NA 4. M/S. WILLIS TOWERS WATSON INDIA INSURANCE BROKERS PR LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, SUCHETA BHAWAN, 11-A, VISHNU DIGAMBER MARG, ROUSE AVENUE LANE, NEW DELHI - 110002. REPRESENTED BY AUTHORIZED SIGNATORY EMAIL ID : NA, PH.NO. : NA. 5. MR. ASHOK SINGH, S/O. MR. SHYAM BIHARI SINGH, AGED ABOUT 45 YEARS, RESIDING AT 1501-A, MAHAVIR JYOTI SECTOR 10, KHARGHAR, NAVI MUMBAI - 410210. EMAIL ID : NA, PH.NO. : NA. …RESPONDENTS (BY SRI. ASHOK B PATIL, ADVOCATE FOR C/R1; SRI. SYED SHUJATH MEHDI, ADVOCATE FOR R2, R3 & R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS OF O.S.NO.7134/2021 PENDING BEFORE THE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, AND FOR SETTING ASIDE THE IMPUGNED ORDER DATED 30TH JANUARY 2026 (ANNEXURE A) PASSED BY THE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO.7134/2021 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “a. Issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records of O.S.No.7134/2021 pending before the LXIX Addl. City Civil and Sessions Judge, Bengaluru and for setting aside the impugned order dated 30 January 2026 (Annexure A) passed by the LXIX Addl. City Civil and Sessions Judge, Bengaluru in O.S.No.7134/2021; b. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the learned LXIX Addl. City Civil and Sessions Judge, Bengaluru in O.S.No.7134/2021 to take up the Defendants’ (Petitioners and Respondent Nos. 2 to 4 herein) Evidence in a sequential manner, upon granting sufficient time to the Defendants to tender their respective affidavits of evidence in interest of justice and equity; c. Issue any other writ, order or direction which this Hon’ble Court deems fit under the facts and circumstances of the case including costs, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. - 5 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 3. The limited grievance of the petitioners, who are defendant Nos.3, 6, 7 and 8 is that though separate written statements have been filed by the contesting defendants, all the defendants have been simultaneously asked to file affidavit within a period of one week, which is practically impossible and contrary to the well settled Rules of Procedure. 4. The petition is opposed by the learned counsel for the respondent No.1 – plaintiff by placing reliance upon Order XVIII Rule 4(1A) CPC in order to contend that the Trial Court was justified in directing all the defendants to file their evidence simultaneously and without waiting for the other defendants to adduce their oral evidence. 5. Before adverting to the rival submissions, it would be necessary to extract the provisions contained in Order XVIII Rules 1 and 2 CPC, which reads as under: “Right to begin.—The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contents that either in point of law or on some additional facts alleged by the defendant the plaintiff is not - 6 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 entitled to any part of the relief which he seeks, in which case the defendant has the right to begin.” 2. Statement and production of evidence.—(1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove. (2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case. (3) The party beginning may then reply generally on the whole case. 3[(3A) Any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the Court so permits concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record. (3B) A copy of such written arguments shall be simultaneously furnished to the opposite party. (3C) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. - 7 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 (3D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it thinks fit.] *[(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record. (3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of the arguments and the citations of judgments being relied upon by the party and include copies of such judgments being relied upon by the party. (3C) A copy of such written arguments shall be furnished simultaneously to the opposite party. (3D) The Court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within a period of not more than one week after the date of conclusion of arguments. (3E) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (3F) It shall be open for the Court to limit the time for oral submissions having regard to the nature and complexity of the matter. - 8 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 6. Order XVIII Rule 1 contemplates that the right to begin is by the plaintiff subject to the conditions enumerated in the said provision. Order XVIII Rule 2 contemplates that the party having the right to begin shall produce his evidence subsequent to which the other party shall state his case and produce his evidence, if any and then may address the Court generally on the whole case. 7. In the instant case, it is an undisputed fact that the plaintiff began and adduced his evidence in terms of Order XVIII Rule 2 CPC and all the defendants would be treated as ‘other parties’, who would be entitled to produce their evidence. It follows therefrom that in a case where there are multiple defendants / more than one defendant, the question of directing all the defendants to produce / adduce their evidence simultaneously is not contemplated in Order XVIII Rule 2(2) CPC and consequently, the Trial Court clearly fell in error in directing all the defendants to adduce evidence simultaneously at the same time, which is impermissible in law. 8. Insofar as the provisions contained in Order XVIII Rule 4(1A) is concerned, the same was inserted by the Commercial - 9 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 Courts Act with effect from 23.10.2015 and the procedure contemplated therein would apply only to suits before Commercial Courts and not to the suits before the Civil Courts and as such, Order XVIII Rule 4(1A) would not apply to the instant suit. 9. In order to enable the trial to proceed smoothly, I deem it just and appropriate to dispose of this petition by issuing certain directions to the Trial Court to conduct the evidence of the defendants. 10. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The impugned order dated 30.01.2026 passed in O.S.No.7134/2021 by the LXIX Addl. City Civil & Sessions Judge, Bengaluru, directing all the defendants to simultaneously adduce evidence is hereby set aside. (iii) The Trial Court is directed to conduct trial by permitting the defendants to adduce evidence in the following sequence & order: (a) Defendant No.1. (b) Defendant Nos.2 and 4. - 10 - HC-KAR NC: 2026:KHC:7946 WP No. 3992 of 2026 (c) Defendant Nos.3 and 8. (d) Defendant Nos.6 and 7. (iv) The Trial Court is directed to permit defendant No.1 to commence evidence on 09.03.2026 and proceed further and dispose of the suit as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 23