SANADHANAN NAIR Vs. COCHIN KAGAZ LTD

JUDGEMENT

(1.) The petitioner is the defendant in OS No. 523 of 2003 on the file of the Munsiff's Court, Aluva. He was issued with a summons for appearance in that Court on 07/04/2004. On 04/02/2004, he entered appearance and filed vakalath. On 06/04/2004, he filed IA No. 676 of 2004 seeking time for filing written statement. But on 07/04/2004, the Court rejected the prayer and set him ex parte and adjourned the case for evidence of the plaintiff to 18/05/2004. On 15/05/2004, the defendant filed Ext. P2 written statement along with two petitions; IA No. 717 of 2004 for setting aside the ex parte order and IA No. 718 of 2004 for accepting the written statement. Though the ex parte order was set aside, as per Ext. P4, IA No. 718 of 2004 was dismissed as per Ext. P5 which reads as follows:

(2.) It is contended by the petitioner that the court below has not considered the prayer for accepting written statement, in a proper manner. The decision of the Apex Court reported in Shaikh Salim Haji Abdul Khayumsab v: Kumar ( 2006 (1) KLJ 223 ), is relied on.

(3.) It reads: