Joseph Scaria vs Sibi @ Joseph on 4 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35772 of 2008(H)


1. JOSEPH SCARIA, S/O.SCARIA JOSEPH,
                      ...  Petitioner

                        Vs



1. SIBI @ JOSEPH, S/O.JOSEPH,
                       ...       Respondent

                For Petitioner  :SRI.M.P.MADHAVANKUTTY

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :04/12/2008

 O R D E R
                        K.P. BALACHANDRAN, J.
                 -------------------------------
                      W.P(C) No.35772 OF 2008-H
                 -------------------------------
                  Dated this the 4th December, 2008.

                               JUDGMENT

The prayer of the petitioner who is the plaintiff in

O.S.317/2008 on the file of the Sub Court, Kottayam is for a

direction being given to the Sub Judge, Kottayam to consider and

pass appropriate orders on I.A. 1680/2008 filed in the said suit

seeking for return of the personal account book produced by the

petitioner along with the suit after retaining copy produced

therewith after comparing it with the original. Counsel for the

petitioner is unable to say as to what is the nature of the personal

account book and as to whether it is voluminous etc. However, I

direct the court below to pass appropriate orders on I.A.1680/2008

to return the original personal account book produced by the

plaintiff after notice to the respondent/defendant and after enabling

the counsel for the defendant to verify the photostat copies with the

original and also causing the photostat copy produced to be

certified to be true copy after comparing with the original by the

WPC 35772/2008 2

examiner within the minimum possible time. This writ petition is

disposed of with the above direction.

K.P.BALACHANDRAN
JUDGE

jj