IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 7363 of 2009(O) OS.41/1998 OF PRINCIPAL MUNSIFF'S COURT, KOZHIKODE-I PETITIONER: --------------- PANKAJAVALLI AMMA, AGED 52 YEARS, D/O.GOVINDAN NAIR, KURUKKAYIL HOUSE, PUTHIYANGADI AMSOM DESOM, KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENT: --------------- M.K.UNNIKRISHNAN, AGED 57 YEARS, S/O.JANAKI AMMA, MULAMVALLY, KEEZHALATH, EDAKKAD AMSOM DESOM, KOZHIKODE. BY ADV. SRI.K.M.SATHYANATHA MENON SRI.O.V.USMAN KURIKKAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 7363 OF 2009 O ------------------------------------------------------ Dated this the 2nd April, 2009 JUDGMENT The petitioner is the plaintiff in O.S.No.41 of 1998, on the file of the Principal Munsiff's Court I, Kozhikode. She is the defendant in O.S.No.591 of 2006, on the file of the same court. O.S.No.591 of 2006 was filed by the respondent in the Writ Petition, who is the defendant in O.S.No.41 of 1998. 2. O.S.No.41 of 1998 was posted for trial in the special list. The writ petitioner filed a chief affidavit. Along with the chief affidavit, she produced a notary attested copy of the Survey Settlement Register. It is stated that the original of that document was produced along with the counter in I.A.No.3408 of 2006 in O.S.No.591 of 2006. The petitioner filed I.A.No.157 of 2009 praying that the original document which was produced along with I.A.No.3408 of 2008 in O.S.No.591 of 2006 may be summoned and placed on record in O.S.No.41 of 1998. That application was dismissed by the court below as per Ext.P4 order dated 11.2.2009, which is under challenge in this Writ Petition. 3. The application was dismissed by the court below on the ground W.P.(C) NO. 7363 OF 2009 :: 2 :: that the suit was already included in the list and that there is no sufficient ground to entertain the application. I am of the view that the reason stated by the court below is not a sufficient reason to dismiss the application. The prayer made by the writ petitioner was only to call for the original of a document which she had produced in another suit on the file of the same court. No prejudice would be caused to any party by allowing the application. That the application was filed after the suit was listed for trial is also not a ground to dismiss the same, if the application is otherwise meritorious. Therefore, the Writ Petition is allowed. Ext.P4 order is set aside and I.A.No.157 of 2009 in O.S.No.41 of 1998 is allowed. (K.T.SANKARAN) Judge ahz/