IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 35596 of 2007(K) -------------------------------------- OS.50/2006 of ADDL.SUB COURT, IRINJALAKUDA .................... PETITIONERS: ------------------ 1. N.RAMRAJ, AGED 32 YEARS, S/O.R.NARAYANAN NAIDU, KURUVELANKULAM, KALLETTUMKARA P.O., THAZHAKKAD VILLAGE, MUKUNDAPURAM TALUK. 2. R.PREMAVATHY, AGED 57 YEARS, W/O.R.NARAYANA NAIDU, KURUVELANKULAM, KALLETTUMKARA P.O., THAZHAKKAD VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENTS: ----------------------- 1. MADHU, S/O.RAMAN, CHERULLIYIL HOUSE, EDAMUTTOM DESOM, EDAMUTTOM P.O., PIN - 680 568. 2. SASINDRAN, S/O.RAGHAVAN, VELIYATH HOUSE, MANAVALASSERY VILLAGE, CHETTUPPARAMBU DESOM, IRINJALAKUDA P.O., PIN - 680 121. 3. SUSHAMMA, W/O.VIJAYAN, MOOLAKKAPARAMBIL HOUSE, MANAVALASSERY VILLAGE, IRINJALAKUDA P.O., PIN 680 121. BY ADV. SRI.RENJITH THAMPAN - R1 SMT.P.A.ANITHA SRI.P.B.SAHASRANAMAN - R2 & R3 SRI.K.JAGADEESH SRI.T.S.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35596/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1- COPY OF THE PLAINT IN OS.50/06 BEFORE THE ADDITIONAL SUB COURT, IRINJALAKUDA. EXT.P2:- COPY OF THE WRITTEN STATEMENT DT. 9.7.06 FILED BY DEFENDANTS LAND 2 IN OS. 50/06 BEFORE THE ADDL. SUB COURT, IRINJALAKUDA. EXT.P3:- COPY OF THE APPLICATION DT. 14.6.07 FOR AMENDMENT OF THE PLAINT IN OS. NO.50/06 BEFORE THE ADDL. SUB COURT, IRINJALAKUDA. EXT.P4:- COPY OF THE ADDITIONAL WRITTEN STATEMENT DT. 2.8.07 FILED BY DEFENDANTS 1 AND 2 IN OS. NO. 50/06 BEFORE THE ADDL. SUB COURT IRINJALAKUDA. EXT.P5:- COPY OF THE DEPOSITION OF PW1 IN OS. NO.50/06 BEFORE THE ADDL. SUB COURT, IRINJALAKUDA. EXT.P6:- COPY OF THE DEPOSITION OF PW2 IN OS. NO.50/06 BEFORE THE ADDL. SUB COURT, IRINJALAKUDA , DT. 26.10.07. EXT.P7:- COPY OF THE PROCEEDINGS IN OS. NO.50/06 BEFORE THE ADDITIONAL SUB COURT , IRINJALAKUDA. /TRUE COPY/ P.A. TO JUDGE tss M.N.KRISHNAN, J. --------------------------- W.P.(C) No.35596 OF 2007 -------------------------- Dated this the 12th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ The present writ petition is filed against the order of the Additional Sub Judge, Irinjalakuda whereby he has permitted for cross examination of one’s own witness. A perusal of the proceedings paper extract produced by the writ petitioner itself would show that immediately on examination in chief the counsel appearing for the plaintiff requested the court to declare PW2 as a hostile witness. The court entertained a doubt whether in a civil case that can be done and it was posted on 5.11.2007 for hearing. It was heard and in the light of decision in Thankamani vs. Prabhakaran, reported in 2001(1)KLT 776, the court held that such is permissible and permitted cross examination of the witness. How far the evidence has to be appreciated even after permitting for cross examination are all matters which the court has to consider on the totality of the circumstances. Even in criminal cases, the Apex Court as well as this court has held that even when the witness turns hostile to W.P.(C) No.33596/2007 2 the prosecution one need not totally brush aside their evidence and acceptable part of evidence therein can be taken into consideration for deciding the case. Therefore, I do not find any ground to interfere with the order passed by the court below but it would have been better that such an order should have been passed before completing the evidence of the PW2. The writ petition is disposed of accordingly. (M.N.KRISHNAN, JUDGE) ps