IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36514 of 2008(V) --------------------------------------------- IA.1786/2008 IN OS.196/2008 of MUNSIF COURT, KANJIRAPPALLY .................... PETITIONER: JOHN J.ILLICKAN, S/O.JACOB J.ILLICKAN OF GRACY BUNGLAW, PARATHODE P.O., KANJIRAPPALLY NOW RESIDING AT ILLICKAL HOUSE, S.A.ROAD, KOCHI - 36. BY ADV. SRI.M.K.SHASHI KUMAR RESPONDENT: SHEELA PHILIP, W/O.PHILIP MATHEW, THAZHAKAT HOUSE, EDAPPALLY P.O., ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.36514 of 2008 V -------------------------- JUDGMENT Petitioner is the defendant in Exhibit P1 suit filed by his sister, the respondent. He filed Exhibit P6 petition (I.A.No.1786/08) praying for an order rejecting the plaint for the reason that he has filed Exhibit P5 preliminary objection to the maintainability of the suit contending that the plaint is liable to be rejected. The court below has not passed any order on the said application, but has passed Exhibit P8 order setting the petitioner/defendant ex parte and posted the case to this day for evidence of the plaintiff. Counsel for the petitioner asserts that the suit has not been disposed of by the court below recording the evidence of the plaintiff till 12.05 p.m. today. If the suit is not already disposed of, I direct the court below to set aside the ex parte order and permit the petitioner/defendant to file his written statement positively on or before 16.12.2008. If WPC 36514/08 2 the written statement and petition to set aside the ex parte order are filed on or before 16.12.2008, the court below shall accept the written statement setting aside the ex parte order passed against the petitioner. This direction shall not be applicable if the court below has already disposed of the suit. As this writ petition is being disposed of without notice to the respondent, petitioner shall produce a copy of this judgment in the court below with notice to the counsel for the respondent appearing in the court below. The writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. 11th December, 2008 (K.P.Balachandran, Judge) tkv