RAPHAEL Vs. VINCENT PAUL

JUDGEMENT

(1.) This writ petition is filed against the order of the Principal Munsiff's Court, Kochi, whereby it had directed to produce copy of the written statement filed. Copy of the written statement to the plaintiff had been furnished under O.4 R.1 of the amended Civil Procedure Code, 1908 (CPC), there is a duty cast upon the plaintiff to file the plaint in duplicate and O.7 R.11(e) enables the Court to reject the plaint where it is not filed in duplicate. So far as written statement is concerned, there is no such provision to file written statement in duplicate. The Civil Rules of Practice only prescribes a procedure for giving copy of the written statement to the other side and not the other way. So the direction of the Court below to file written statement with a duplicate copy is not warranted by the provisions of the CPC. Therefore the order passed to that extent is set aside.