IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 913 of 2009(H) ---------------------------------- IA 4008/2008. IN OS.380/2005 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER(S): ---------------------- K.S. JOSEPH, S/O. V.V DAVASSIA, MANAGING PARTNER, M/S GENERAL RUBBER WORKS, RESIDING AT 27/566, ANJALI LINE, MELAMURI, PIRAYIRI AMSOM, PALAKKAD TALUK. BY ADV. SRI.G.SHRIKUMAR SRI.SREEJITH S.NAIR RESPONDENT(S): ------------------------ M.VENUGOPAL, S/O. BALAKRISHNAN NAIR, NAGARIPURAM, RESIDING AT ABHILASH, MANNUR VILLAGE, PALAKKAD TALUK. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE ADV. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 913/2009-H APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE INTERLOCUTORY APPLICATION I.A.NO.4008/2008 IN O.S.NO.380 OF 2005 DATED 3-12-2008 FILED BY THE RESPONDENT. P2 COPY OF THE COUNTER AFFIDAVIT DATED 4-12-2008 FILED BY THE PETITIONER IN EXT.P1 APPLICATION. P3 COPY OF THE ORDER DATED 11-12-2008 IN I.A.NOS.4008/2008 AND 4055/2008 IN O.S.NO.380/2005 OF THE SUB COURT, PALAKKAD. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.913 OF 2009 ------------------------------- DATED THIS THE 14TH DAY OF OCTOBER, 2010 JUDGMENT The writ petition is filed praying to set aside Ext.P3 order dated 11/12/08 in IA.No.4008/08 in O.S.No.380/2005 on the file of the Sub Court, Palakkad. Petitioner is the plaintiff in O.S.No.380/05. The suit was filed for recovery of money under a promissory note executed by the defendant in favour of the plaintiff. The suit was listed for trial. The plaintiff was examined and the case was adjourned for examination of the defendant on l5/12/08. On 3/12/08 the defendant filed Ext.P1 application for a direction to the plaintiff to produce certain documents. It is the case of the plaintiff that the production of the documents, which are sought for are totally irrelevant for adjudication of the suit. The document sought for are day books, ledgers, journals, bank statements, loan account statements, profits and loss accounts, balance sheets, Auditor's report, income tax returns and computation statements of partnership firm M/s. General Rubber -2- WP(C).No.913/2009 Products for the period between 1/4/2000 to 31/3/2005. Learned counsel for the petitioner submits that the documents sought to be produced are the documents maintained by the firm 'General Rubber Products'. The transaction is between the plaintiff and defendant. So long as the defendant has no case that the firm has dealings with the defendant, Ext.P1 petition filed for production of documents maintained by the firm is without any merit, without any bona fides and is intended to protract the proceedings of the case. 2. When the matter was taken up for final hearing, the learned counsel for the respondent/defendant sought for permission of the court to withdraw Ext.P1 application. In view of the request made by the learned counsel for the respondent/defendant, this Court is of the view that the request can be placed before the learned Sub Judge. In that event, the learned Sub Judge shall pass appropriate orders. The impugned order (Ext.P3) is set aside. Writ Petition is disposed of as above HARUN-UL-RASHID, Judge. kcv. -3- WP(C).No.913/2009 kcv.