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. 5024 of 2008(W) -------------------------------------- OS.522/2006 OF PRL.MUNSIFF COURT.,ERNAKULAM. .................... PETITIONER: ------------------- ANTONY PAUL, S/O. PAUL ALIAS POULO, AGED 65 YEARS, PUTHUSSERY HOUSE, CHERANELLORE DESOM, KANAYANNUR. BY ADV. SRI.A.BALAGOPLAN, SRI.T.LAKSHMI, SRI.R.RAJESH. RESPONDENT: --------------------- 1. PAULSON @ POLACHAN S/O. OF PAUL @ POULO, AGED 51 YEARS WORKING ABROAD, PUTHUSSERY HOUSE, CHERANELLORE VILLAGE, NOW AT PUTHUSSERY HOUSE PALARIVATTOM P.O., ERNAKULAM. 2. C.J.THOMAS,S/O.JOSEPH, AGED 46 YEARS, CHAKKIATH HOUSE CHERANELLORE, KOCHI-34. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 5024 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of February, 2008. J U D G M E N T This writ petition is preferred with a prayer to set aside Ext.P2 order and give a direction to the Principal Munsiff, Ernakulam to afford an opportunity to the petitioner to examine the witness. The witness proposed to be examined is a 96 year old lady and the Court permitted examination of her by issuance of a Commission. When the Commissioner visited the property on 24.1.08 as she was unwell she could not be examined. Then, again an opportunity was given on payment of costs and it was posted for examination on 6.2.2008 but on that day also the old lady was suffering from severe suffocation and breathing problems and so Commissioner could not examine her. In the light of that report the learned Munsiff closed the evidence and posted the case for hearing. Now, the prayer is that at least one more opportunity may be given for examining her. The non- W.P.C 5024 OF 2008 -:2:- examination of the witness was not on account of the fault of the writ petitioner but on account of the ailment of the old lady and it is submitted that she is an important witness and at least one more chance may be given to try for her examination. I find considerable force in the said contention and it is not on account of the negligence of the party that the witness could not be examined. Therefore I direct the learned Munsiff to fix up a date in consultation with the parties considering the health condition of the old lady, give one more opportunity to examine and thereafter proceed to hear the matter and dispose it of in accordance with law. I also feel that hereafter the writ petitioner shall not seek for another opportunity and try to avoid protraction of the case. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-