IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 37551 of 2003(U) ------------------------------------- PETITIONER: --------------------- 1. U. ABDUL JALEEL, JALEEL MANZIL, KUNNUMPURATHU VEEDU, DAIVAPPURA.P.O, PERINGAMMALA, TRIVANDRUM. 2. ZEENA, D/O. UMMAR PILLAI, JALEEL MANZIL, KUNNUMPURATHU VEEDU, DAIVAPPURA.P.O, PERINGAMMALA, TIRVANDRUM. BY ADV. SRI.RAVIDASAN.N.S. RESPONDENTS: ------------------------ P.R. GOPALA KRISHNAN, ADVOCATE, V.V. ROAD, TRIVANDRUM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------------- W.P.(C) NO. 37551 OF 2003 (U) ---------------------------------- Dated this the 15th day of January, 2009 J U D G M E N T Defendants in O.S.No.229/2002 on the file of the Sub Court, Thiruvananthapuram are the writ petitioners. Exhibit P3 order passed by the said court is under challenge. 2. The writ petitioners are the petitioners in I.A.No.4734/2002 filed for setting aside ex-parte order passed against them on 5-12-2002. On 5-8-2002, there was a posting order for filing written statement by the court below. The counsel prayed for time for filing the written statement. Prayer was rejected and ex-parte order was passed setting the applicants ex-parte and the court proceeded with the trial of the case immediately. It is submitted by the counsel that on 11-12-2002, the I.A. No.4734/2002 was filed along with written statement explaining the reason for not filing the written statement on the date fixed for filing the same. W.P.(C) No.37551/2003 - 2 - 3. The court below construed the relevant provisions in the Civil Procedure Code and held that no specific cause is shown by them. Hence, I.A. was dismissed. 4. The court below relied on a decision in support of the reasons stated for dismissing the application. This Court subsequently explained the situation and held that time granted can be further extended for filing written statement. Moreover, it is not desirable or justifiable in refusing to accept the written statement filed within six days explaining the reasons for not filing the application on date. I do not find any reason to shut out the evidence to be adduced by the petitioner. Accordingly, I.A.No.4734/2002 is allowed. The writ petition is allowed. Exhibit P3 order is set aside. The court below is directed to accept the written statement and proceed with the suit in accordance with law. Sd/- HARUN-UL-RASHID, JUDGE skr // True copy // P.A. to Judge.