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C.K.RAJI, S/O. KARUNAKARAN versus V.G.APPUKUTTAN, S/O. GOPALAN

High Court of Kerala

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C.K.RAJI, S/O. KARUNAKARAN v. V.G.APPUKUTTAN, S/O. GOPALAN - WP(C) No. 919 of 2005(H) [2007] RD-KL 9545 (6 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 919 of 2005(H)

1. C.K.RAJI, S/O. KARUNAKARAN,
... Petitioner

Vs

1. V.G.APPUKUTTAN, S/O. GOPALAN,
... Respondent

For Petitioner :SRI.C.K.SAJEEV

For Respondent : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :06/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO.919 of 2005

Dated this the 6th day of June, 2007



JUDGMENT

Ext.P4 order impugned in this writ petition dismisses the petitioner's application for receiving the written statement which was filed beyond the statutory period of 90 days. It is now settled by the decision reported in Kailash v. Nanhku ( 2005 (2) KLT 623 ( SC) that the court has power to receive written statements filed beyond the statutory period of 90 days. Ext.P4, accordingly, will stand set aside allowing the writ petition. The learned Munsiff will receive the written statement already filed by the petitioner on file, formulate the issue on the basis of the same and dispose of the suit in accordance with law. PIUS C. KURIAKOSE,

JUDGE.

dpk


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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