IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 6TH AUGUST 2007 / 15TH SRAVANA 1929 WP(C).No. 34892 of 2004(D) -------------------------- OS.179/2004 of PRL.M.C., KOCHI .................... PETITIONER: ------------ V.J.JACOB, AGED 26 YEARS, S/O.VALIAPARAMBIL JOSEPH, R/A.MOOLAMKUZHI MURI, RAMESWARAM VILLAGE, NEAR KAZHUTHUMUTTU JUNCTION, KOCHI. BY ADV. SMT.SHOBA ANNAMMA EAPEN RESPONDENTS: ---------------- 1. XAVIER,A GED 58 YEARS, S/O.LATE JOSEPH, R/A. KATTIPARAMBIL HOUSE, CC.17/1623, RAMESWARAM VILLAGE, KOCHI TALUK. 2. MATHEW, AGED 65 YEARS, S/O.LATE JOSEPH, R/A. KATTIPPARAMBIL HOUSE, CC.17/1623, RAMESWARAM VILLAGE, KOCHI TALUK, REP. BY BROTHER AND PRESENT GUARDIAN XAVIER, R/A. CC.17/1623, RAMESWARAM VILLAGE, KOCHI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PWC : 34892 OF 2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF ORDER DT.19.07.04 IN OS NO.179/2004 ON THE FILE OF PRINCIPAL MUNSIFF COURT, KOCHI. EXT.P2 : TRUE OCPY OF JUDGMENT DT.20.07.04 IN OS. 179/2004 ON THE FILE OF PRINCIPAL MUNSIFF'S COURT, KOCHI. PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 34892 OF 2004 ----------------------------------- Dated this the 6th day of August, 2007 JUDGMENT The grievance of the petitioner is that under the impugned order Ext.P1, written statement filed by the petitioner is rejected on the ground that the same is filed beyond the period of 90 days and the court has no power to receive such written statement. The above view cannot be correct in view of the pronouncement of the Supreme Court in Kailash v. Nanhku [2005 (2) KLT 623]. I set aside the impugned order and direct the learned Munsiff to take a fresh decision on the application, if any, filed by the petitioner for receiving the written statement with notice to the plaintiff at the earliest in the light of the principles laid down in Kailash's case (supra) and at any rate within one month of receiving copy of this judgment. PIUS C. KURIAKOSE, JUDGE btt WPC 2