IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6752 of 2008(D) ------------------------- OS.89/2007 of MUNSIFF COURT, CHALAKUDY .................... PETITIONERS:: ----------------------- 1. NARENDRAN, S/O. MATHOLY NARAYANAN, POOLANI DESOM, MELOOR VILLAGE, THRISSUR DISTRICT. 2. INDIRA, W/O. NARENDRAN, -DO- -DO-. BY ADV. SRI.T.N.MANOJ RESPONDENTS: ------------------------ 1. SUBADRA, W/O.MATHOLY RAMAKRISHNAN, POOLANI DESOM, MELOOR VILLAGE, MELOOR P.O., THRISSUR DISTRICT. 2. RAGHUPATHY, S/O. MATHOLY NARAYANAN, POOLANI DESOM, MELOOR VILLAGE, MELOOR P.O., THRISSUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6752 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the learned Munsiff, Chalakkudy in I.A.321/08 in O.S.89/07. By the order in the said application the Court rejected the prayer of the defendant to examine the Commissioner. Admittedly the Commissioner had been cited as a witness of the defendants on 7/1/2008. The Commissioner was present and as the defendants' counsel was absent a prayer was made for adjournment. The Court below refused to reopen the evidence and examine the Commissioner on the ground that the defendants have not filed any objection to the Commissioner's report. I think the said approach is not proper. I am also informed by the learned counsel for the writ petitioner that on a subsequent date when the Commissioner could have been examined the Commissioner was not available for the reason that she was attending an W.P.C 6752 OF 2008 -:2:- interview before the High Court. Taking into consideration all these factors and the factum that evidence shall not be shut out at the trial stage I am inclined to allow the writ petition and direct the Court below to permit the defendants to examine the Commissioner after giving sufficient opportunity for the other side to cross-examine as well. The Court shall fix a date and direct the Commissioner to be present for the purpose of examination. Till the examination of the Commissioner is over, the Court shall not proceed to close the evidence and dispose of the matter. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-