IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5914 of 2008(D) ------------------------- OS.309/2007 of MUNSIFF COURT, KASARAGOD .................... PETITIONER: -------------------- BALAKRISHNA,S/O.DEVAPPA NAIK, RESIDING AT BALLIMOGARU IN KUDLU VILLAGE AND POST,KASARAGOD TALUK. BY ADV. SRI.K.G.GOWRI SANKAR RAI RESPONDENT: ------------------------ KAMALAKSHA NAIK S/O. DEVAPPA NAIK, RESIDING AT BALLIMOGARU IN KUDLU VILLAGE AND POST, KASARAGOD TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 5914 OF 2008 --------------------- Dated this the 20th day of February, 2008 JUDGMENT This writ petition is preferred against the order of the Additional Munsiff, Kasaragod, in IA 217/08 in OS 309/07. It was an application whereby a request was made to summon for a document i.e., Account opening form in respect of S.B. Account No. 30317 held by Smt. Manakku, with Syndicate Bank, Kasaragod Branch. The court below rejected the prayer. 2. The dispute between the parties is with respect to the property and the party is claiming that the Will is executed by the said Smt. Manakku, which is challenged as a forged document. So the fate of the suit depends upon the validity or genuineness of the Will and therefore it was prayed that as the alleged Will contains a thumb impression and as the application form sought to be summoned, according to the petitioner, contains the thumb impression of Manakku, if it is compared the truth can come out. Therefore, I feel it was a case where the court should have permitted the party to summon the document. Since there was no prayer in the writ petition WPC NO 5914/08 2 to send it to a thumb impression expert, the court also took it as a reason for rejecting the prayer. But it can be done after the receipt of the document as well. Therefore the writ petition is disposed of as follows. The court below is directed to summon the documents sought for as per IA 217/08 and on receipt of the document, permit the writ petitioner herein to file an application for sending the document for comparison by an expert of thumb impression and after hearing both sides, the court can dispose of the matter in accordance with law. M.N.KRISHNAN, JUDGE vps WPC NO 5914/08 3 WPC NO 5914/08 4