IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 6TH JUNE 2007 / 16TH JYAISHTA 1929 WP(C).No. 919 of 2005(H) ------------------------ AGAINST THE ORDER DATED 03/11/2004 IN IA.NO.2828 /2004 IN OS.199/2004 of PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER: ------------ C.K.RAJI, S/O. KARUNAKARAN, PONATTUNIKARTHIL, PATTANAKKAD MURI, -DO- VILLAGE FROM VALLATTUCHIRAYIL, MANNANKARA P.O., KARIKKATTU MURI, THANNERMUKKOM NORTH VILLAGE. BY ADV. SRI.C.K.SAJEEV RESPONDENTS: ------------- V.G.APPUKUTTAN, S/O. GOPALAN, VALLATUCHIRA, KARIKKATTU MURI, THANNEERMUKKOM NORTH VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 919/2005 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN OS NO. 199/2004 EXT.P2:COPY OF THE WRITTENS TATEMENT FILED IN OS 199/2004 EXT.P3: COPY OF THE PETITION ALONG WITH THE AFFIDAVIT FILED AS I.A. NO.2828/2004 EXT.P4: COPY OF THE ORDER DATED 3.11.2004 IN I.A. 2828/2004 PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO.919 of 2005 ---------------------------------- Dated this the 6th day of June, 2007 JUDGMENT Ext.P4 order impugned in this writ petition dismisses the petitioner's application for receiving the written statement which was filed beyond the statutory period of 90 days. It is now settled by the decision reported in Kailash v. Nanhku ( 2005 (2) KLT 623 ( SC) that the court has power to receive written statements filed beyond the statutory period of 90 days. Ext.P4, accordingly, will stand set aside allowing the writ petition. The learned Munsiff will receive the written statement already filed by the petitioner on file, formulate the issue on the basis of the same and dispose of the suit in accordance with law. PIUS C. KURIAKOSE, JUDGE. dpk