IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 12TH JULY 2007 / 21ST ASHADHA 1929 CRP.No. 977 of 2003() --------------------- OS.316/2002 of SUB COURT, MAVELIKKARA .................... REVN. PETITIONER: PETITIONER/DEFENDANT -------------------------------------- NUJUMUDEEN, ODACKAL THEKKETHIL HOUSE, KAYAMKULAM MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS: PLAINTIFF ---------------------- M.B.MANOHAR LAL, MULANTHALA VEEDU, CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.K.HARILAL THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP NO.977/2003 ORDER ON CMP NO.2327/2003 IN CRP NO.977/2003 DISMISSED 12.7.2007 SD/- PIUS C.KURIAKOSE, JUDGE /TRUE COPY/ P.A. TO JUDGE PIUS C. KURIAKOSE, J. ---------------------------------- C.R.P. NO. 977 OF 2003 ---------------------------------- Dated this the 12th day of July, 2007 O R D E R The learned counsel for the petitioner is absent. However, it is fairly conceded on behalf of the respondent that the issue is covered in favour of the petitioner in the light of the principles laid down by the Supreme Court in the decision reported in Kailash v. Nanhku (2005 (2) KLT 623). The written statement filed by the petitioner before the court below was rejected on the ground that the same is filed beyond 90 days of receiving summons. Naturally, in view of the principles laid down by the Supreme Court in Kailash's case (supra) the impugned order has to be set aside. 2. Accordingly, I set aside the impugned order and direct the petitioner to re-present the written statement which was returned to him as per the impugned order within three weeks of receiving a copy of this judgment. If, within the aforesaid time limit, the written statement is re-presented by the petitioner, the CRP No.977 OF 2003 2 court below will entertain that written statement, formulate issues on the basis of the contention raised therein and dispose of the suit at the earliest. Being a money suit of the year 2002, the learned Subordinate Judge will expedite the trial and disposal of the suit at any rate within four months of the issue being formulated. The Civil Revision Petition is disposed of as above. PIUS C. KURIAKOSE, JUDGE. Dpk CRP No.977 OF 2003 3 PIUS C.KURIAKOSE, J --------------------- C.R.P.NO.977 OF 2003 B -------------------------- O R DE R 12TH JULY 2007