Dismissed

Runs Mon v. Simpole

Kerala HC4 Aug 2021OP(C)/34/2020

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an original petition challenging the Sub Court's order condoning the delay in filing a written statement. The court held that under Order 8 Rule 1 CPC, the lower court had discretion to accept the statement on payment of costs and no reason for interference existed.

What did the court decide?

No interference with the lower court's order condoning delay and accepting the written statement.

Runs Mon Vs Simpole — Civil Procedure and Limitation | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 4^TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943

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OP(C) NO. 34 OF 2020

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AGAINST THE ORDER/JUDGMENT IN OS 77/2018 OF SUB COURT, MANJERI, MALAPPURAM

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PETITIONER/S:

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RUNS MON AGED 43 YEARS S/O.K.T.ABRAHAM, PROPRIETOR, K.P.A PETROLEUM RELIANCE OUTLET, NILAMBUR AMSOM AND TALUK, MALAPPURAM-679329

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BY ADVS.

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K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI

RESPONDENT/S:

SIMPOLE

AGED 36 YEARS

S/O.VARKEY, POTTAKKAL HOUSE, VADAPURAM, MAMPAD AMSOM, NILAMBUR TALUK, MALAPPURAM-679329

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BY ADV SRI.P.VENUGOPAL (1086/92)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 34 OF 2020

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JUDGMENT

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Dated this the 4th day of August, 2021

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The challenge in this original petition is against Ext.P3 order by which the Court below condoned the delay in filing the written statement and accepted the written statement on payment of cost. Learned counsel for the petitioner fairly submitted that the question as to whether written statement filed beyond the period prescribed under Order 8 Rule 1 can be accepted, is finally settled by the Five Judge's Bench ruling of Honorable Supreme Court in New India assurance Company Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd. [2020 (2) KHC 274]' . Therein, the Apex Court has held that the rigor of filing written statement within the stipulated time is strictly applicable in cases coming under the Commercial Courts Act and that, as far as the Code of Civil Procedure is concerned the court is vested with discretion to decide whether the written statement is to be accepted or not.

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2. Learned Counsel for the respondent points out that the issue was first decided by the Honorable Supreme Court in Desh

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OP(C) NO. 34 OF 2020

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Raj Vs. Balkishan (D) through proposed LR Ms. Rohini [2020 KHC 6047] and has been referred to in Hilli Multi Purpose Cold Storage (supra) .

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The Counsel's being in unison that the Court below is vested with the discretion to extend the time prescribed under Order 8 Rule 1 and the Court below having exercised such discretion and having condoned the delay in filing the written statement by imposing cost, I see no reason to interfere with the order.

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Accordingly, the original petition is dismissed.

Sd/-

V.G ARUN JUDGE

OP(C) NO. 34 OF 2020

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APPENDIX OF OP(C) 34/2020

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE IA NO.484/2019 IN O.S.NO.77/2018 ON THE FILE OF THE SUBORDINATE JUDGES COURT, MANJERI DATED 21.06.2019

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EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN I.A.NO.484/2019 IN O.S.NO.77/2018 ON THE FILE OF THE SUBORDINATE JUDGES COURT, MANJERI DATED 20.07.2019

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EXHIBIT P3 TRUE COPY OF THE ORDER IN IA NO.484/2019 IN O.S.NO.77/2018 ON THE FILE OF THE SUBORDINATE JUDGES COURT, MANJERI DATED 27.08.2019 EXHIBIT P4 TRUE COPY OF THE MEMO FILED BY THE COUNSEL FOR THE PETITIONER IN IA NO.484/2019 IN O.S.NO.77/2019 ON THE FILE OF THE SUBORDINATE JUDGES COURT, MANJERI DATED 30.08.2019

Runs Mon v. Simpole

Case brief

What is this about?

What did the court decide?

Runs Mon v. Simpole

Case brief

What is this about?

What did the court decide?

What the court decided

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