IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11874 of 2008(L) -------------------------- OS.214/2002 of SUB COURT, OTTAPPALAM .................... PETITIONER: -------------------- MOHANDAS, S/O. CHARAKKUMALIL DAMODARAN, KULUKKALLOOR AMSOM DESOM IN OTTAPPALAM TALUK. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: -------------------------- 1. KAMALADEVI, D/O. KANJINGATTU PUTHENVEETTIL LATE AMMALU AMMA, KURUVATTOOR AMSOM, KOYILIYAD DESOM IN OTTAPPALAM TALUK. 2. RAMACHANDRAN, S/O. KAMALADEVI, KURUVATTOOR AMSOM, KOYILIYAD DESOM IN OTTAPPALAM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== W.P.(C) No.11874 OF 2008 ===================== Dated this the 7th day of April 2008 JUDGMENT This writ petition is preferred with a prayer to call for the records and set aside the order dated 5.4.2008 in O.S.No.214 of 2002 of the Sub Court, Ottappalam. The matter has come up before this Court on an earlier occasion and I have directed in that decision that the original of the document should be attempted to be produced and then only the filing sheet can be marked as a secondary evidence. That stage is over and when the attesting witness is sought to be examined who is aged about 80 years, the party prayed for some time to examine him on commission which the court refused and closed the evidence and posted for hearing on 7.4.2008. It has to be remembered that in a case based on a Will no purpose will be served without examining the attesting witness in the case. Therefore I direct the court below to give an opportunity to the petitioner to examine the attesting witness so that full evidence is before the court and thereafter dispose of the matter in accordance with law. The order dated 5.4.2008 closing the evidence is set aside and a direction is WP(C) 11874/2008 -:2:- given to the court to permit the defendants to adduce evidence by examining the attesting witnesses or other witnesses as they want. M.N.KRISHNAN, JUDGE Cdp/-