High Court Kerala High Court

S.Ramak5Rishna vs State Of Kerala And Others on 29 May, 2008

Kerala High Court
S.Ramak5Rishna vs State Of Kerala And Others on 29 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15996 of 2008(D)



1. S.RAMAK5RISHNA
                      ...  Petitioner

                        Vs

1. STATE OF KERALA AND OTHERS
                       ...       Respondent

                For Petitioner  :SRI.D.KRISHNA PRASAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :29/05/2008

 O R D E R
                  M.SASIDHARAN NAMBIAR, J.
                    ...........................................
                  WP(C).No.15996                  OF 2008
                    ............................................
         DATED THIS THE 29th                    DAY OF MAY, 2008

                               JUDGMENT

Petitioner is the plaintiff in O.S.118 of 2006 on the file of

Munsiff Court, Kasargod. He filed Ext.P1 petition(I.A.587 of

2008) for a direction to respondents 1 and 2 to produce two

documents contending that they are relevant and necessary for

disposal of the suit. Along with the petition, he produced a

certified copy of a patta issued from the file sought to be

summoned as first document. Respondents filed Ext.P2

objection contending that the document produced is not the

certified copy of the patta issued by them and there is no file as

sought to be summoned under document No.1. With regard to

second document, it was contended that document is not in their

custody and was produced before the court in O.S.371 of 2004 as

per order in I.A.1226 of 2005. Learned Munsiff dismissed the

petition under Ext.P3 order. This petition is filed under Article

227 of Constitution of India challenging the order.

2. Learned counsel appearing for petitioner is heard. The

argument of learned counsel is that court below should not have

found that the document produced along with the petition is a

WP(C)15996 OF 2008 2

forged certified copy and that is a question to be decided in the

suit. Learned counsel also submitted that as far as second

document is concerned, trial court should have directed

respondents to get the document returned from the court and

produce the same as sought for.

3. On hearing the learned counsel, I do not find any

illegality or irregularity in Ext.P3 order. First document sought

to be summoned is a file. Respondents in their counter

contended that there is no such file. In such circumstances,

finding of the trial court that respondents 1 and 2 cannot be

directed to produce the first document is perfectly correct. True,

the question whether document produced is forged or not should

not have been decided in the application. If the petitioner

persists with the genuineness of the said document at the time of

evidence, it is a matter which is to be considered at that stage.

As far as second document is concerned, when it is submitted

that the document was produced in court in another

proceedings, court cannot direct respondents to produce them. If

at all remedy of the petitioner could only be to call for that

document. In such circumstances, writ petition is dismissed.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-