IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 18261 of 2010(O) -------------------------- AGAINST THE ORDER IN IA.790/2010 IN OS.375/2009 of MUNSIFF COURT, HOSDURG .................... PETITIONERS: --------------- 1. T.K.NARAYANAN, AGED 45 YEARS, S/O.KOMAN MANAYANI, PRESIDENT OF KANHAGAD PRESS FORUM, BUS STAND BUILDING, HOSDURG VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. N.GANGADHARAN, AGED 49 YEARS, S/O.KELU NAIR, SECRETARY OF KANHANGAD PRESS FORUM, BUS STAND BUILDING, HOSDURG VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENTS: --------------- 1. P.C.RAJU, AGED 55 YEARS, S/O.CHACKO, REPORTER, KAIRALI TELEVISION, SOORYA APARTMENTS, NR.DURGA HIGHER SECONDARY HIGH SCHOOL, BALLA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. SUKUMARAN KARINDALAM, AGED 48 YEARS, S/O.KUNJI KANNAN,REPORTER, KARAVAL DIALY, P.A.MAHAL, KOTTACHERRY, RESIDING AT AISWARYA VILLA MEELANKOTTU IN BELLA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. ADV. SMT.T.SUDHAMANI FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18261 of 2010(O) APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 : ORDER IN I.A.NO.406 OF 2010 IN O.S.NO.375 OF 2010 EXHIBIT P2 : ORDER DTD.15.03.2010 IN I.A. 684 OF 2010 IN O.S.NO.375 ` OF 2009 EXHIBIT P3 : I.A.NO.790 OF 2010 IN O.S.NO.375 OF 2009 EXHIBIT P4 : WRITTEN STATMENT FILED BY THE PETITIONER EXHIBIT P5 : ORDER DTD.28.05.2010 IN I.A.NO.790 OF 2010 IN O.S.NO.375 OF 2009 RESPONDENTS' EXHIBITS: NIL True copy P.A to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.18261 of 2010 --------------------------------------- Dated this 08th day of July, 2010 JUDGMENT Respondents filed a suit for declaration against petitioner Nos.2 and 3 and another. Petitioner appeared and requested for time to file written statement. Though they were granted time by the learned Munsiff, Hosdurg they did not file written statement on time. Vide Ext.P1, order on I.A.No.406 of 2010 petitioners were granted two week’s time but, they could not file written statement. That was followed by Ext.P2, application seeking a week’s further time to file written statement. That application was dismissed on 15- 03-2010. Counsel for petitioners were unaware of the dismissal of Ext.P2, application on that day and hence filed Ext.P3, application on 25-03-2010 seeking time till then and filed written statement along with that application. That application was opposed and learned Munsiff dismissed is and hence this writ petition. 2. Learned counsel requested that petitioners may be granted time till the date on which written statement was filed along with Ext.P2, application. Respondents contend that in spite of granting sufficient time, written statement was not filed. 3. It is by now settled that even beyond the period of 90 days provided under Order 8 Rule 1, proviso of the Code of Civil W.P.C.No.18261 of 2010 : 2 : Procedure, it is within the power of the court to extent the time for sufficient reasons. Ext.P1, application was dismissed by learned Munsiff on 15-03-2010 but it is seen that on 25-03-2010 petitioners have filed written statement and sought its acceptance as per Ext.P3, application. That application was dismissed for the reason that application is not maintainable. 4. It is not as if dismissal of Ext.P2, application operated as res judicata. I stated that even beyond the period prescribed in Order 8 Rule 1, proviso of the Code it is within the power of court to extent time. I stated that along with Ext.P3, written statement also has been filed. I have gone through the affidavit accompanying Ext.P3 where petitioners have stated reasons for the delay in filing written statement. Having regard to the statements in the affidavit I am not inclined to think that filing of written statement was wilfully delayed. I am therefore inclined to allow the application. Resultantly orders on Exts.P2 and P3, applications are set aside and time for filing of written statement is extended till 25- 03-2010 on which day petitioner filed written statement. Learned Munsiff shall receive the written statement on file and proceeded with the suit as provided under law. (THOMAS P JOSEPH, JUDGE) Sbna/-