IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 19657 of 2010(O) -------------------------- OS.225/2002 of SUB COURT,KOLLAM .................... PETITIONER: --------------- SANTHAKUMARI .C, VASANTH VIHAR LAKSHMI NADA, KOLLAM WEST VILLAGE,KOLLAM 691 013. BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENT: --------------- S.M.VENKATNARAYAN S.M.V.GARDENS,ANDAKUKKAM,MAIN ROAD KOLLAM 691 001 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.19657 of 2010 --------------------------------------- Dated this 24th day of June, 2010 JUDGMENT This writ petition is filed by the defendant in O.S.No.225 of 2002 of the court of learned Sub Judge, Kollam. That is a suit filed by the respondent for realisation of Rs.35,00,000/- alleging that petitioner borrowed the said amount and refused to repay. Petitioner has resisted the suit contending that there was no such transaction. The case was posted for trial on 08-06-2005 but adjourned on Ext.P3, application preferred by the respondent/plaintiff. Again the case was posted for trial in the list on 02-06-2010. That day according to learned counsel for petitioner, her witness and respondent were present and the court appointed Advocate Commissioner to examine the witness. Commissioner started recording evidence of witnesses on 08-06-2010. Respondent was examined as PW1 on 14-06-2010. His witness was examined as PW2 on 16-06-2010. Evidence of the respondent was closed and the case was posted for evidence of petitioner. That day, her witness was examined as DW1. She filed Ext.P5, application on the same day seeking W.P.C.No.19657 of 2010 : 2 : time to produce her proof affidavit for the reason that she was laid up with viral fever. The case was taken up on 19-06-2010 on which day petitioner, learned counsel submits produced chief affidavit. Learned Sub Judge was not inclined to accept the same observing that petitioner is adopting delaying tactics and posted the case on 21-06-2010 for orders regarding further evidence. On 21-06-2010 evidence was closed and the case was posted to 23-06-2010. Prayer in the writ petition is to direct learned Sub Judge to issue carbon/certified copy of the orders dated 19-06-2010 and 21-06-2010 and in the meantime direct learned Sub Judge to keep proceedings in abeyance. Learned counsel states that it is because petitioner was laid up due to fever that she could not produce proof affidavit on 17-06-2010 which she did on 19-06-2010. But, in spite of that her evidence was not recorded observing that petitioner is adopting delaying tactics. According to learned counsel, if the evidence of petitioner is not recorded that will be highlighted prejudicially on her. 2. Having regard to the facts and circumstances of the case I direct learned Sub Judge to issue carbon/certified copy of the order dated 19-06-2010 and 21-06-2010 as early as W.P.C.No.19657 of 2010 : 3 : possible and keep further proceedings in the suit in abeyance for a period of 7 days from the day notified for delivery of the carbon copy of the said orders to the petitioner. In the meantime, it is also open to the petitioner to request learned Sub Judge to review the order closing evidence of petitioner and to give petitioner an opportunity to adduce her evidence, if that course is open to the petitioner and provided under law. The writ petition is disposed of in the above lines. (THOMAS P JOSEPH, JUDGE) Sbna/-