Babu vs P R Rama Swami
2022 Latest Caselaw 6135 Ker

          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

                                -:2:-



      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

                                    -:3:-




                     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

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

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






                           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