IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 6911 of 2009(O) ---------------------------------- AGAINST THE ORDER DATED 21/02/2009 IN IA 175/09 IN OS.238/2007 of MUNI-MAGI.COURT,THODUPUZHA .................... PETITIONER/IST DEFENDANT : ------------------------------------- BHASKARAN,S/O.SANKARAN, VALLOOR, KOLANI KARA, THODUPUZHA VILLAGE. BY ADV. SRI.T.J.MICHAEL RESPONDENTS/PLAINTIFFS : ---------------------------------- 1. T.C.CHACKOCHAN, S/O.T.P.CHACKO, RESIDING AT THOTTUMKAL HOUSE, KOLANI KARA, THODUPUZHA VILLAGE. 2. T.P.CHACKO,S/O.PUNNOOSE, THOTTUMKAL HOUSE, KOLANI KARA, THODUPUZHA VILLAGE. 3. MARIAYAM, W/O.T.P.CHACKO, THOTTUMKAL, KOLANI KARA, THODUPUZHA VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------- W.P.(C) No.6911 OF 2009 --------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT The first defendant in O.S.No.238/2007 on the file of the Court of the Muniff of Thodupuzha is the writ petitioner. The suit was filed for damages. It is stated that there are four defendants in the suit. On 03.03.2008, the first defendant was set ex-parte. He filed I.A.No.439/2008 to set aside the ex-parte order and to receive the written statement. The court below allowed the application on 27.03.2008 on condition of payment of costs of Rs.2,000/- on or before 03.04.2008. The writ petitioner did not pay the costs. Therefore, written statement was not accepted. He filed I.A.No.175/2009 to review the order dated 27.03.2008 and also filed I.A.No.176/2009 to condone the delay. The prayer made by the petitioner in I.A.No.175/2009 was to extend the period for payment of costs. The court below dismissed I.A.No.175/2009 as per Ext.P4 order dated 21.02.2009, which is under challenge in this writ petition. W.P.(C) No.6911 of 2009 2 2. It is true that there is delay in payment of costs. The petitioner stated that he is aged 68 years and that he had no sufficient resources to pay the costs. That was the reason why he could not comply with the direction issued by the court. There are other defendants in the suit and they have filed written statement. It is stated that the petitioner is also raising contentions similar to those raised by the other defendants. Therefore, it is not necessary to raise additional issues. Learned counsel for the petitioner also submitted that even if the written statement is accepted now the suit can be listed for trial and disposed of without delay, as it is not necessary for the petitioner to take any steps in the matter. Taking into account the facts and circumstances of the case, I am inclined to allow the prayer made by the petitioner. Accordingly Ext.P4 order is set aside. I.A.No.175/2009 is allowed and the petitioner is granted time till 08.04.2009 to pay the costs as ordered in I.A.No.439/2008. On payment of costs, the court below shall W.P.(C) No.6911 of 2009 3 proceed with the trial of the suit. It is made clear that the suit need not be adjourned for taking steps, as the petitioner has submitted that no steps are to be taken by him. The Writ Petition is allowed as above. K.T.SANKARAN JUDGE pac