IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 28248 of 2010(O) ---------------------------------------- IA. 3022/2010 IN OS.327/2008 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): ------------------------- V.VASUDEVAN, S/O.VELUTHA KUNJU, ABHILASH BHAVANAM, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN 690544. BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): ------------------------- 1. BASHEER, SON OF ALI HASSANKUNJU, SHIBU MANZIL, ADINAD VADAKKUMMURI P.O., KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY, PIN 690544. 2. SHAJEELA, SHIBU MANZIL, ADINADU NORTH MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPLLY, PIN 690544. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.28248/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT FILED BY THE PETITIONER AS OS. 327/2008 BEFORE THE SUB COURT, KOLLAM DTD. MAY 2008. P2:- COPY OF THE ORDER IN THE PETITION FILED FOR THE PRODUCTION OF THE PHOTOSTAT COPY OF THE DOCUMENTS, NUMBERED AS IA. 3022/2010 IN OS. 327/2008 DTD. 4.9.2010 BEFORE THE SUB COURT, KOLLAM. P3:- COPY OF THE ORDER IN IA. 3023/2010 IN OS. 327/2008 DTD. 4.9.2010 FILED FOR ACCEPTING DOCUMENTS BEFORE THE SUB COURT, KOLLAM. P4:- COPY OF THE ORDER INA. NO.3260/2010 IN OS. 327/2008 DTD. 6.9.2010 FILED FOR SUMMONING WITNESSES BEFORE THE SUB COURT, KOLLAM. TRUE COPY P.A. TO JUDGE tss THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.28248 of 2010 --------------------------------------- Dated this 14th day of December, 2010 JUDGMENT Plaintiff in O.S.No.327 of 2008 of the court of learned Principal Sub Judge, Kollam is the petitioner before me. That is a suit for specific performance of an agreement for sale. It is submitted that the case was posted for pre-trial steps on 07-04-2010 on which day none of the parties took any steps. Then the case was posted for trial in the list on 04-09-2010. In the meantime petitioner filed I.A.Nos.3022, 3023 and 3260 of 2010. Those applications were rejected by Exts.P2 to P4, orders which are under challenge. Respondents though served remained absent. 2. Vide I.A.No.3022 of 2010 petitioner produced certain documents to be received in evidence. Since two of those documents were photocopies, petitioner filed I.A.No.3023 of 2010 to receive the said documents in evidence. I.A.No.3260 of 2010 was to issue summons to the witnesses. These applications were rejected by Exts.P2 and P4 for the reason that steps ought to have been taken at the time of pre-trial steps. Learned counsel submits that petitioner was not able to take the steps on time. W.P(C).No.28248 of 2010 : 2 : Having regard to the claim made in the suit and the circumstances stated before me, I am inclined to allow the petition. Resultantly this petition is allowed and Exts.P2 and P4, orders are set aside. Those applications will stand allowed. But I make it clear that admissibility, proof and acceptability of documents produced as requested for in I.A.Nos.3022, 3023 of 2010 shall be decided by the learned Principal Sub Judge after hearing counsel on both sides. (THOMAS P JOSEPH, JUDGE) Sbna/-