IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 22910 OF 2008(B) -------------------------- OS.1/2007 OF SUB COURT, NEYYATTINKARA .................... PETITIONER: ------------ SASI, S/O. CHERIYAN NADAR, KEEZHVILAKAM ROADARIKATHU VEEDU, KODAVILAKAM, MURIYANKARA DESOM, PARASSALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: ------------- 1. SALIN RAJ, S/0. JOSEPH NADAR, SNEHA BHAVAN, KEEZHEVILAKAM, KODAVILAKAM, MURIYANKARA DESOM, PARASSALA VILLAGE, THIRUVANANTHAPURAM. 2. LILLY, S/O. NELSON, VETTUVELIKKEZHVILAKAM, PUTHEN VEEDU, KANJIRAPALLI VILLAGE, THIRUVANANTHAPURAM. 3. BINU, S/O. NELSON, VETTUVELIKKEZHVILAKAM PUTHE VEEDU, KANJIRAPPALLI VILLAGE, THIRUVANANTHAPURAM. 4. BEENA, D/O. LILLY, VETTUVELIKKEZHVILAKAM PUTHE VEEDU, KANJIRAPPALLI VILLAGE, THIRUVANANTHAPURAM. 5. KUNJUMON, S/O. NELSON, VETTUVELIKKEZHVILAKAM PUTHEN VEEDU, KANJIRAPALLI VILLAGE, THIRUVANANTHAPURAM. 6. VINITHA, D/O. LILLY, VETTUVELIKKEZHVILAKAM PUTHEN VEEDU, KANJIRAPALLI VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.MATHEW KURIAKOSE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)22910/08 APPENDIX PETITIONER’S EXHIBITS:- EXT.P1:- TRUE COPY OF THE PLAINT FILED IN O.S.1/07 BEFORE SUB COURT, NEYYATTINKARA EXT.P2:- TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY FIRST DEFENDANT IN O.S.1/07 BEFORE SUB COURT, NEYYATTINKARA EXT.P3:- TRUE COPY OF THE WRITTEN STATEMENT BY FIRST RESPONDENT IN O.S.1/07 BEFORE SUB COURT, NEYYATTINKARA EXT.P4:- TRUE COPY OF THE APPLICATION FILED IN I.A.1685/07 IN O.S.1/07 BEFORE THE SUB COURT, NEYYATTINKARA EXT.P5:- TRUE COPY OF THE OBJECTIONS FILED IN I.A.1685/07 IN O.S.1/07 BEFORE SUB COURT, NEYYATTINKARA EXT.P6:- TRUE COPY OF THE ORDER DATED 11.3.2008 IN I.A.1685/07 IN O.S.1/07 OF THE SUB COURT, NEYYATTINKARA RESPONDENT’S EXHIBITS:- NIL OKB/- //TRUE COPY// P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C) NO. 22910 OF 2008 ------------------------------------------ Dated this the 21st day of August, 2008 JUDGMENT Plaintiff in O.S.1 of 2007 on the file of Sub Court, Neyyattinkara is the petitioner and respondents are the defendants. Suit was instituted for specific performance of an agreement for sale executed by first defendant, who is no more. Defendants 2 to 7 filed I.A.1685 of 2007, an application to send the agreement for sale to Forensic Science Laboratory for getting an expert opinion on the question whether the agreement was executed by first defendant or not. Under Ext.P6 order, learned Sub Judge allowed the application. This petition is filed under Article 227 of Constitution of India to set aside Ext.P6 order. 2. Learned counsel appearing for petitioner and first respondent were heard. 3. Ext.P2 written statement was filed by the first defendant. In paragraph 1 of the written statement he unambiguously admitted execution of the agreement for sale. It WP(C)22910/08 2 is stated that on receiving the advance sale consideration, he executed the agreement for sale alleged in the plaint. True, second defendant filed a written statement contending that first defendant did not execute the agreement and the agreement for sale was a forged document and signature therein is not that of the first defendant. But when the executant himself admits that he executed the agreement, it is not for the first defendant, who is not a party to the agreement, to contend that agreement was not executed by first defendant. In any case, there is no necessity to send the document to an expert for an opinion on the identity of the signature, in the light of the written statement filed by the executant of the document . Therefore Ext.P6 order is quashed. If, after recording the evidence, trial Court finds that opinion of an expert on the identity of the signature in the agreement for sale is necessary, this judgment will not stand in the way of seeking an opinion of the expert. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-