M/S. Muthoot Bankers vs Thankappan Pillai P.K on 24 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22672 of 2004(Y)


1. M/S. MUTHOOT BANKERS,
                      ...  Petitioner
2. THE BRANCH MANAGER,

                        Vs



1. THANKAPPAN PILLAI P.K.,
                       ...       Respondent

                For Petitioner  :SRI.K.P.DANDAPANI

                For Respondent  :SRI.M.M.ALIAS

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :24/05/2007

 O R D E R
                            PIUS C. KURIAKOSE, J.

                             -------------------------------

                          W.P.(C) No. 22672 OF 2004

                           -----------------------------------

                     Dated this the 24th day of May, 2007


                                    JUDGMENT

By Ext.P2 the learned Munsiff rejected the written statement

which had been filed by the petitioners who were defendants in OS

No.1488 of 2003 on the reason that the same has been filed after 90

days of receiving summons. The issue as rightly submitted by the

counsel for the petitioner is covered by judgment of the Supreme Court

in Rani Kusum v. Kanchan Devi (2005(6) SCC 705). The Writ Petition

is therefore allowed setting aside Ext.P2 and directing the learned

Munsiff to receive the written statements filed by the petitioners and to

dispose of the suit in accordance with law.

                                             PIUS C. KURIAKOSE, JUDGE

btt


WPC    2