IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 26534 of 2008(H) ------------------------------------- OS.55/2007 of MUNI-MAGI.COURT,PERINTHALMANNA .................... PETITIONERS: -------------------- 1. VISWANATHAN, S/O KUNJIKUTTI AMMA, NODIYA PARAMBIL CHARAM THODI, THIRURANGADI TALUK,ARIYALLUR AMSOM DESOM, MALAPPURAM DISTRICT. 2. BALAKRISHNAN, S/O KUNJIKUTTI AMMA, NODIYA PARAMBIL CHARAM THODI, THIRURANGADI TALUK,ARIYALLUR AMSOM DESOM, MALAPPURAM DISTRICT. 3. MOHANDAS, S/O KUNJIIKUTTI AMMA, NODIYA PARAMBIL CHARAM THODI, THIRURANGADI TALUK,ARIYALLUR AMSOM DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.HARISH R. MENON RESPONDENTS: ----------------------- 1. BHASKARAN, S/O SAVITHRI AMMA, NODIYA PARAMBIL, TIRURANGADI TALUK, ARIYALLUR AMSOM DESOM, MALAPPURAM DISTRICT. 2. KOZHIPARAMBATH USHADEVI, W/O GANGADHARAN NODIYA PARAMBI,TIRURANGADI TALUK, ARIYALLUR AMSOM DESOM, MALAPPURAM DISTRICT. 3. KOZHIPARAMBATH JIJESH,S/O GANGADHARAN NODIYA PARAMBI,TIRURANGADI TALUK, ARIYALLUR AMSOM DESOM, MALAPPURAM DISTRICT. 4. JISHA UDAYAN,W/O UDAYASANKAR, NODIYA PARAMBIL, TIRURANGADI TALUK, ARIYALLUR AMSOM DESOM, MALAPPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.26534 of 2008 ------------------------------- Dated this the 2nd September, 2008. J U D G M E N T Petitioners are the plaintiffs and respondents the defendants in O.S.No.55 of 2007, on the file of Munsiff Court, Parappanangadi. This petition is filed under Article 227 of the Constitution of India to quash the order passed by learned Munsiff on 31.7.2008, allowing I.A.No.1405 of 2008, an application to receive the written statement. 2. Learned counsel appearing for the petitioners were heard. 3. Learned counsel for the petitioners argued that though the written statement was not filed for more than one year and Ext.P3 objection was filed to I.A.No.1405 of 2008, learned Munsiff did not consider the objection and allowed the application, without considering the question whether there is sufficient cause for not filing the written statement within the W.P.(C) No.26534/2008 2 period provided under Rule 1 of Order VIII of Code of Civil Procedure, and, therefore, the order is to be quashed. 4. In view of the order to be passed in this petition, I do not find it necessary to issue notice to respondents. 5. The order passed in I.A.No.1405 of 2008 does not show what prevented the defendants from filing the written statement within the period, as provided under Rule 1 of Order VIII of Code of Civil Procedure. The order reads as follows:- “ Defendant has not cared to file Written Statement even after the stipulated time. Hence this Court has already found an opinion that the defendant has nothing to state. In the light of reason alleged in the IA. Petition allowed. Order dated 16/6/08 received. On deposit of cost Rs.1000/= towards the cost of plaintiff. Deposit the amount within 4/8/2008. Call on 4/8/2008. W.P.(C) No.26534/2008 3 Produce Treasury Receipt. “ 6. The order does not show that learned Munsiff has considered the grounds stated by the defendants for receiving the written statement filed out of time. Ext.P3 objection was also not considered. In such circumstances, the order passed on 31.7.2008 is quashed. Learned Munsiff is directed to pass fresh orders in I.A.No.1405 of 2008, after hearing the parties and considering the objections raised by the plaintiffs to the application. Writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.