IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 30097 of 2008(G) -------------------------- OS.492/2007 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER: --------------- A.T.JOSEPH @ KUTTICHAN, S/O.LATE THOMAS, AGED 61 YEARS, EDAPPATTUKAVUMKAL HOUSE, MARIKA KARA, PALAKKUZHA VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT: --------------- A.T.MATHEW, S/O.LATE THOMAS, AGED 69 YEARS, EDAPPATTUKAVUMKAL HOUSE, MARIKA KARA, PALAKKUZHA VILLAGE, MUVATTUPUZHA TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). No. 30097 OF 2008 --------------------- Dated this the 14th day of October, 2008 JUDGMENT This writ petition is filed for a direction to the Munsiff, Muvattupuzha, to allow the plaintiff to examine the witnesses shown in Ext.P5 and to mark the documents shown in Ext.P3 as evidence of the plaintiff in O.S. 492/07. 2. It appears that the plaintiff did not produce the relevant documents at the prescribed time and he had filed those applications on the eve of the trial. The main document relied upon by the plaintiff is a Will. It is to be understood that a Will cannot be looked into without examining the attesting witnesses and if such prayer is disallowed, it will cause great difficulty for the party. Therefore, I dispose of the writ petition directing the learned Munsiff to permit the plaintiff to examine the witnesses and also to mark the documents which he wants, if it is admissible in evidence subject to relevancy and proof. For that purpose if reopening is necessary, that also may be permitted and the witnesses may be permitted to be recalled and examined. If the defendant wants to adduce any further evidence and to produce documents, that also shall be permitted. M.N.KRISHNAN, JUDGE vps 2