IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 10012 of 2008(P) -------------------------- AGAINST THE ORDER DATED / / IN IA 3142/2007 IN OS.240/2004 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONER: ------------ M.N.PRABHAKARAN NAIR, S/O.SANKARAN NAIR, MOOTHEDATH HOUSE, KODINJUR KARA, PUTHENCRUZ VILLAGE, KUNNATHUNAD TALUK, P.O.AMBALAMUGHAL. BY ADV. SRI.P.KESAVAN NAIR SRI.K.G.CLEETUS RESPONDENTS: ------------- P.K.MANOHARAN, S/O.KRISHNAN, PUTHUVANPARAMBIL HOUSE, KODINJUR VILLAGE, KUNNATHUNAD TALUK, P.O. AMBALAMUGHAL P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.10012 OF 2008 ===================== Dated this the 26th day of March 2008 JUDGMENT This writ petition is preferred against the order of the Munsiff's Court, Perumbavoor in I.A.No.69 of 2005 in O.S.No.240 of 2004. It was an application filed by the plaintiff for setting aside the Commissioner's plan and report and the court rejected the same. In civil matters, it may be necessary to have a look into old survey plan as well because old survey plans will really contain the property covered by the documents relied on by the parties. Therefore, instead of throwing out the contention on the threshold level itself, I direct the court below to permit the plaintiff to produce old survey plan, then examine the Commissioner in the course of evidence and if the court finds that materials relied on by the plaintiff on the basis of old survey plan are also essential for a proper determination of the case, then direct the Commissioner to resubmit another plan and report, and dispose it of in accordance with law. In order to enable the party to produce the old survey plan, the case which is posted to 1.4.2008 for trial be deferred till the re-opening of the court and thereafter giving sufficient WP(C)10012/2008 -:2:- opportunity to both sides the matter be proceeded with. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-