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Judgment
The first defendant in O.S.No.172/1985 before the Munsiff's Court, Tirur, challenges Ext.P5 order dismissing I.A.No.2415/2019 submitted by him seeking extension of time for filing an additional written statement. There was an occasion when the matter had come up before this Court and an order of remand was ordered. After the matter came back to the trial court, the plaintiff sought to amend the plaint and after allowing the amendment, the petitioner was to file an additional written statement. It is submitted that when the petitioner sought sufficient time to file additional written statement, it was refused by the impugned order.
I heard the learned counsel appearing on both sides.
I am satisfied from the materials on record that the petitioner/first defendant was not given sufficient time to file additional written statement. It is submitted that the additional written statement is readied now and the learned counsel will be in a position to file the same within a week. In order to enable the petitioner to contest the suit on merits, it is quite necessary that he shall be given an opportunity to submit the additional written statement in accordance with law.
In the result, the original petition is allowed setting aside the impugned order dated 09.12.2019. The petitioner shall submit the additional written statement within seven days from the date of receipt of certified copy of this judgment. This being an old suit of 1985, the court below shall dispose of the suit as expeditiously as possible at any rate not later than by six months.
All pending interlocutory applications are closed.