IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24708 of 2008(N) -------------------------- OS.496/2007 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER: ------------ MR. SIDICK, AGED 37, S/O. ABDUL RAHIMAN, KARAKUNNATH VEETIL, PALLIKARA KARA, KUNNATHUNADU VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.A.K.SRINIVASAN SRI.N.S.MOHAMMED USMAN SRI.A.S.BENOY RESPONDENTS: ------------- MRS. U. DEVAKI GOPI, AGED 62, W/O. GOPI, MEENATHEL VEETIL, KARUVATTA VILLAGE, KARTHIKAPALLY TALUK. (NOW RESIDING AT SEEMA NIVAS, PUTHIYAKAVU, THEKKUMBHAGOM VILLAGE, KANAYANOOR TALUK) BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.24708 of 2008 ------------------------------- Dated this the 14th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India challenging Ext.P3 order passed by Sub Court, Ernakulam, in Ext.P1 petition (I.A.No.2040 of 2008) filed under Rule 6 of Order XVI of Code of Civil Procedure to summon the documents. 2. Learned counsel appearing for the petitioner was heard. 3. The documents sought to be summoned are documents in the custody of the Revenue Divisional Officer, Muvattupuzha. Petitioner has to comply with the mandatory provisions of Rule 120 of Civil Rules of Practice to get an order directing production of the documents. Ext.P1 order does not satisfy the condition provided under Rule 120 of Civil Rules of Practice. Learned Sub Judge dismissed the petition, though on W.P.(C) No.24708 of 2008 2 different grounds, holding that relevancy of the document is not mentioned. I find no reason to interfere with Ext.P3 order. Writ petition is dismissed. However, dismissal of the writ petition will not prevent petitioner from approaching the trial court by filing a petition under Rule 120 of Civil Rules of Practice. If such a petition is filed, it is to be disposed, in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE nj.