IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
OP(C) NO. 853 OF 2022
AGAINST THE ORDER DATED 18.01.2022 IN I.A.NO.5/2021 IN OP
NO.20/2018 OF PRINCIPAL MUNSIFF COURT ,IRINJALAKUDA
PETITIONER/PETITIONER/PETITIONER:
BABU,
AGED 53 YEARS,
AKKARAKKARAN HOUSE,
IRINJALAKUDA DESOM,
MANAVALASSERY VILLAGE,
IRINJALAKUDA P O, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680121
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 P R RAMA SWAMI,
AGED 80 YEARS,
10A, (PMJ TOWER), 10TH FLOOR,
VIDHYA NAGAR, SBI, PANAMPILLY NAGAR,
LINK ROAD, PANAMPILLY NAGAR P O, KOCHI,
ERNAKULAM DISTRICT, PIN - 682036
2 P R VISWANADHAN,
AGED 70 YEARS,
PULIKOTTU PADINJARE MADOM,
IRINJALAKUDA DESOM,
MANAVALASSERY VILLAGE,
IRINJALAKUDA P O, THRISSUR DISTRICT,
PIN - 680121
3 P R VAIDHYANADHAN,
AGED 66 YEARS,
19/512, PULIKOTTU PADINJARE MADOM,
THEKEKARA SUB LINE, IRINJALAKUDA P O,
THRISSUR DISTRICT, PIN - 680121.
O.P.(C)No.853/2022
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4 SEETHA SANGAMESWARAN,
AGED 74 YEARS,
W/O SANGAMESWARAN, F-5,
SANKARA SEVA SADANAM,
KASTHUR NAKKEN, PALAYAM, VADAVAZHI,
COIMBATORE, PIN - 641014
5 P S NARAYANAN,
AGED 73 YEARS,
PULIKOTTU PADINJARE MADOM,
IRINJALAKUDA DESOM,
MANAVALASSERY VILLAGE,
IRINJALAKUDA P O, THRISSUR DISTRICT,
PIN - 680121
6 P S SANGAMESWARA IYYER,
AGED 81 YEARS,
PULIKOTTU PADINJARE MADOM,
IRINJALAKUDA DESOM,
MANAVALASSERY VILLAGE,
IRINJALAKUDA P O, THRISSUR DISTRICT,
PIN - 680121
7 PRAMEELA RAMANADHAN,
AGED 71 YEARS,
W/O RAMANADHAN, PULIKOTTU PADINJARE
MADOM,IRINJALAKUDA P O ,
MANAVALASSERY VILLAGE, THRISSUR DISTRICT,
PIN - 680121
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.853/2022
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Dated this the 1st day of June,2022
JUDGMENT
The original petition is filed to set aside the order in I.A.No.5/2021 in O.P.No.20/2018 (Ext.P3) of the court of the Principal Munsiff, Irinjalakuda.
2. The petitioner's case, in brief, is that, he had filed I.A.No.5/2021 in the above original petition under Order XIII Rule 10 of the Code of Civil Procedure, 1908, to call for the records in O.S.No.34/1967 from the court of Subordinate Judge, Irinjalakuda. However, the court below dismissed the application on the ground that, it is the duty of the petitioner to obtain the necessary certified copies of the documents, judgment and decree from the concerned court and produce the same, instead of summoning the documents. Ext.P3 order is erroneous and wrong, and may be set aside. Hence, the original petition.
3. Heard; the learned counsel appearing for the O.P.(C)No.853/2022 -:4:- petitioner. In view of the limited relief that I propose to pass, I dispense with notice to the respondents.
4. This Court had by order dated 23.05.2022, called for a report from the Sub Court, Irinjalakuda, to ascertain whether the records in O.S.No.34/1967 were available. The learned Subordinate Judge, by communication dated 30.05.2022, has stated that the Part I records, including the decree and judgment of the case are misplaced and the Part II and III records were destructed.
5. In the light of the provisions of the Kerala Destruction of Records Act, 1961, this Court has framed the Records Destruction Rules. As per Appendix III of the said Rules, the records in a suit, including the judgment and decree need be maintained only for a period of 30 years.
6. Undisputedly, the records sought to be summoned are more than 55 years old. Therefore, as per the Rules, the documents ought to be summoned may O.P.(C)No.853/2022 -:5:- have been destructed.
7. The learned counsel appearing for the petitioner submits that the petitioner has in his possession the copies of the documents in O.S.No.34/1967, and the petitioner may be permitted to press the copies of the said documents in service, as the primary evidence is not available with the court of the Subordinate Judge, Irinjalakuda.
In the above factual and legal background, the original petition is dismissed, without prejudice to the right of the petitioner to produce the copies of the documents in his possession in O.S.No.34/1967 and the court below shall decide whether the said documents can be accepted in evidence.
Sd/-
C.S.DIAS,JUDGE
DST/01.06.22 //True copy/
P.A.To Judge
O.P.(C)No.853/2022
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APPENDIX
PETITIONER EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORIGINAL PETITION
FILED BY THE PETITIONER AS OP NO 20 OF 18 BEFORE THE MUNSIFF COURT, IRINJALAKUDA FILED DATED 27.10.18. EXHIBIT P2 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AS I A NO 5 OF 21 IN EXT P1 FILED DATED 11.10.21.
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED IN I A NO 5 OF 21 IN O P NO 20 OF 18 DATED 18.1.22 BEFORE THE PRINCIPAL MUNSIFF COURT, IRINJALAKUDA.
RESPONDENT'S EXHIBITS: NIL