IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2431 of 2010(O) ------------------------- OS.767/2009 of II ADDL.SUB COURT,ERNAKULAM .................... PETITIONERS: --------------- 1. POOJA KALADHARAN, D/O.KALADHARAN, MAKEERAM HOUSE, GAS PLANT ROAD, KADAVANTHRA P.O., ERNAKULAM. 2. KALADHARAN, MAKKERAM HOUSE, GAS PLANT ROAD, KADAVNATHARA P.O., ERNAKULAM. BY ADV. MR. A.S.P.KURUP MR. SADCHITH.P.KURUP RESPONDENT:- ----------------- STATE OF TRAVANCORE, BROADWAY BRANCH, ERNAKULAM, KOCHI-31 REP.BY ITS CHIEF MANAGER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- W.P.(C). No. 2431 of 2010 ------------------------------------------------------------ Dated this the 29th day of January, 2010. JUDGMENT Heard both sides. 2. The writ petitioners are the defendants in O.S. No. 767 of 2009 on the file of the II Additional Sub Court, Ernakulam. The said suit is for realisation of money. After receipt of summons, the petitioners entered appearance on 05.12.2009 and the court below directed them to file written statement on or before 23.12.2009. But the posting of the case was to 23.01.2010 and that too for framing issues. On 23.01.2010, even though the petitioners had filed their written statement along with I.A. No. 734 of 2010 to accept the written statement after enlarging the time to file the written statement, the court below without noticing the filing of the written statement along with the aforesaid I.A., noted in the proceedings paper that the written statement was not filed and accordingly posted the case to W.P.(C) No. 2431/2010 : 2 : 29.01.2010 for balance court fee and for plaintiff's evidence. It is at this juncture that the petitioners have approached this Court. 3. The posting of the case to 29.01.2010 by the court below after noting that the written statement was not filed was factually incorrect. As a matter of fact, the written statement had been filed on 23.01.2010 along with I.A. No. 734 of 2010 to accept the same after enlarging the time. Hence, the court below was not justified in posting the case for plaintiff's evidence to 29.01.2010. I.A. No. 734 of 2010 filed before the court below will stand allowed and the written statement filed on 23.01.2010 will stand received. The court below shall proceed to frame issues on the next posting date and then proceed to trial according to law after giving the parties an opportunity to take pre-trial steps. This writ petition is disposed of as above. Dated this the 29th day of January, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 2431/2010 : 3 :