IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2755 of 2008(C) ------------------------------- OS.229/2003 of PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER: ------------------- M.R.MUKUNDAN, S/O. RAGHAVAN, AGED 58 YEARS, MALIKATHARAYIL, KUTHIYATHODE VILLAGE, PADINJATTUMKARA MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN RESPONDENTS: ----------------------- 1. SARANGADHARAN, S/O. PONNUKUTTAN, AGED 39 YEARS, PATHAM NUMBER KALAM, THEKKEDESOM VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT. 2. VELUMANI, S/O. SIVARAMAN, AGED 35 YEARS, PANNIPERUNTHALA, THEKKEDESOM VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.2755 OF 2008 ===================== Dated this the 23rd day of January 2008 JUDGMENT This writ petition is preferred against the order of the Prl.Munsiff's Court, Cherthala in I.A.No.1177 of 2003 in O.S.No.229/2003. The said application is filed by the plaintiff in the suit calling upon the defendants to produce the original of the promissory notes which are sought to be declared as null and void. The originals of the promissory notes are produced in two cases pending before the Munsiff's Court, Chittur. The court below refused the prayer on the ground that the plaintiff has not disputed the signature in the promissory notes, but has challenged the same on the ground that they are executed under coercion and other vitiating circumstances. In such a situation, the court below held that the originals of the promissory notes are not necessary as the signature is not to be proved. I am in perfect agreement with the learned Munsiff and the vitiating circumstances which render contract void can be proved by other evidence and therefore the writ petition is dismissed. M.N.KRISHNAN, JUDGE Cdp/- CRPs 1918 & 1919/2003 -:2:-