Kerala High Court
C.R.Madhu vs Sreekumar T.A on 12 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
OP(C).No.1701 OF 2020
AGAINST THE ORDER DATED 28.09.2020 IN I.A.NO.508/2019 IN OS
26/2018 OF SUB COURT,KOCHI
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PETITIONER/PETITIONER/DEFENDANT:
C.R.MADHU
AGED 49 YEARS
S/O.C.S.RAJU, CONTRACTOR, CHETHIKATT HOUSE,
20/1109, M.L.A.ROAD, DEEPAM JUNCTION,
PALLURUTHY, KOCHI-682006.
BY ADVS.
SRI.G.KRISHNAKUMAR
SRI.K.A.ANI JOSEPH
RESPONDENT/RESPONDENT/PLAINTIFF:
SREEKUMAR T.A.
AGED 50 YEARS
S/O.T.R.ARAVINDAKSHAN, DRIVER, R/O.THAREPARAMBIL
HOUSE, PANAYAPPALLY, MATTANCHERRY, KOCHI-682002.
R1 BY ADV. SRI.C.DILIP
R1 BY ADV. SRI.M.P.HARIKUMAR
R1 BY ADV. SRI.P.N.VIJAYAN NAIR
R1 BY ADV. SRI.R.PRADEEP
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
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O.P(C) No.1701 of 2020
==========================
Dated this the 12th day of January, 2021
JUDGMENT
Order refusing to accept written statement with a
counter claim, is under challenge by the defendant in
the suit.
2. The defendant appeared in the suit on
20.07.2018. The written statement along with the
petition to accept the same was filed only on
24.05.2019. According to the petitioner, he was going
through financial crisis which affected him and it
even went to the extent of affecting him
psychologically; it resulted in the delay in filing
the written statement. I am unable to agree with the
reason given by the trial court. The petitioner was
only referring to the financial and mental strain that
he went through.
O.P(C) No.1701/2020
-: 2 :-
3. On the reason as suggested by the petitioner,
I am of the opinion that the written statement could
be accepted on terms. This is to enable the parties to
have the lis contested and decided on its merits after
affording opportunity to place the rival contentions.
The inconvenience caused to respondent - plaintiff can
be compensated by way of costs.
In the result, the original petition is allowed.
Order dated 28.09.2020 on I.A No.508 of 2019 is set
aside. The application will stand allowed on condition
that the petitioner pays to the counsel appearing for
the respondent before this Court an amount of
Rs.15,000/- (Rupees fifteen thousand only) as costs,
within a period of ten days from today.
Sd/- Sathish Ninan, Judge
vdv
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.26/2018
ON THE FILES OF THE SUB COURT, KOCHI.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT WITH
COUNTER CLAIM FILED BY THE PETITIONER
HEREIN IN O.S.NO.26/2018 ON THE FILES OF
THE SUB COURT, KOCHI.
EXHIBIT P3 TRUE COPY OF THE I.A.NO.508/2019 IN
O.S.NO.26/2018 ON THE FILES OF THE SUB
COURT, KOCHI.
EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE RESPONDENT HEREIN, IN I.A.NO.508/2019
IN O.S.NO.26/2018 ON THE FILES OF THE SUB
COURT, KOCHI.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 28.9.2020 IN
I.A.NO.508/2019 IN O.S.NO.26/2018 ON THE
FILES OF THE SUB COURT, KOCHI.
EXHIBIT P6 TRUE COPY OF THE DAILY CASE STATUS DATED
28.09.2020 IN O.S.NO.26/2018 ON THE FILES
OF THE SUB COURT, KOCHI.
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