IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 8316 of 2008(M) --------------------------------------- PETITIONERS: --------------------- 1. POULOSE, AGED 75, S/O.JOSEPH, MALIAKKAL HOUSE, KADALIKKAD KARA, MANJALLOOR VILLAGE, NOW RESIDING NEAR NIRMALA COLLEGE, MUVATTUPUZHA, MUVATTUPUZHA KARA, MUVATTUPUZHA TALUK. 2. PENNAMMA, AGED 72, W/O.POULOSE, MALIAKKAL HOUSE, KADALIKKAD KARA, MANJALLOOR VILLAGE, NOW RESIDING NEAR NIRMALA COLLEGE, MUVATTUPUZHA, MUVATTUPUZHA KARA, MUVATTUPUZHA TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS: ------------------------ 1. JOY, AGED 51, S/O.POULOSE, MALIAKKAL HOUSE, KADALIKKAD KARA, MANJALLOOR VILLAGE, MUVATTUPUZHA TALUK. 2. SUJA, W/O.BENNY, EDATHALA HOUSE, KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK. 3. SUJI, W/O.BENOY, IYNICKAL HOUSE, KUNDOOR, MALA, NOW RESIDING AT IYNICKAL HOUSE, NEAR NIRMALA PUBLIC SCHOOL, MUVATTUPUZHA KARA, MUVATTUPUZHA TALUK. 4. LINET, W/O.JOSY, MAPLASSERIL HOUSE, CHAMBAKKULAM KARA, KUTTANAD, ALAPPUZHA DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 8316 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of March, 2008. J U D G M E N T This writ petition is preferred with a prayer to set aside the order in I.A.94/08 in O.S.488/07. By the said order the Court below has ordered to send the signatures of the witnesses in the disputed document for comparison of signatures. A perusal of the order itself would show that the question to be decided is regarding the validity of a document dated 22.2.07. The rival contention is signatures are obtained in a blank paper and it is used to create a document and a suit is filed on the basis of the same. So far as the parties are concerned the signatures in the document are admitted. But whether those signatures are put in the document in the circumstances mentioned by the defendant is a matter that requires consideration by the Court at the stage of trial. W.P.C 8316 OF 2008 -:2:- 2. There are two witnesses also to the document. They happen to be the husbands of R3 and R4 in the case. The evidence has not begun in the case. The witnesses had not been examined. The witnesses whose signatures are sought to be send for expert opinion has not been asked whether they have affixed their signatures in the document or not. Until a stage reaches whereby they deny the signatures in the document it may not be correct to send the document for comparison and therefore the Court below has gone wrong to send those signatures for comparison at this stage. The Court may consider this point at a stage when these witnesses deny their signatures in the document and the Court feels that for a proper disposal of the case evidence under Section 45 of the Evidence Act is necessary, then to consider the same and pass appropriate orders after hearing all concerned. Therefore the order under challenge is set aside with the above observations. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-