IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 28558 of 2006(Y)
1. THE KOTTAYAM TILE WORKS LTD.,
... Petitioner
Vs
1. JOSEPH JOSEPH, S/O.JOSEPH,
... Respondent
2. CHACKO JOSEPH, S/O.JOSEPH,
3. ANNAKUTTY, W/O.LATE VARKEY,
For Petitioner :SRI.PHILIP T.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :31/10/2006
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.(C) .NO.28558 OF 2006
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Dated 31st October 2006
JUDGMENT
Petitioner is challenging Ext.P7 order whereunder
trial court directed petitioner to produce document
as sought for by plaintiffs in Ext.P5 application.
Contention of petitioner is that documents sought to
be produced are several and they are not relevant
documents and some of the documents are not available
and in such circumstances the order is to be quashed.
Exercising extra ordinary jurisdiction of this court
under Article 227 of Constitution of India, I do not
find that any interference is called for with regard
to the direction to produce documents. If the
grievance of petitioner is that petitioner is not in
possession of documents, petitioner can file an
affidavit to that effect. If grievance of petitioner
is that, adverse inference will be drawn, adverse
inference can only be drawn if those documents are
material and relevant for deciding the case and are
2
in the custody and control of petitioner. If the
documents are not relevant or necessary or are not
in custody of petitioner, then the court cannot draw
any adverse inference against petitioner. In such
circumstances there is no merit in the petition.
Writ petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.