Jose Joseph vs Abraham P.J.

Thomas P. Joseph, J.—This writ petition is filed challenging Ext.P1, order dated 24-06-2010 on I.A. No. 739 of 2010 in O.S. No. 464 of 1994 of the court of learned Sub Judge, Pala. Petitioner who is the plaintiff in the suit for money filed I.A. No. 739 of 2010 on 23-06-2010 to call for records of S.T. No. 503 of 1993 from the court of learned Judicial First Class Magistrate, Ettumanoor stating that those records are necessary to prove his case. That application was dismissed vide Ext.P1, order on 24-06-2010 stating that petitioner can obtain certified copy of the relevant documents from the court concerned. That order is under challenge. According to learned Counsel, records of S.T. No. 503 to 1993 are necessary for proving the case of petitioner in the suit. It is also contended that no justifiable reason is stated by the learned Sub Judge to dismiss I.A. No. 739 of 2010.

The power under Order XIII Rule 10 of the CPC to send for records of another court is discretionary. The discretion has to be exercised in accordance with the known principles of law. Even as per the submission of learned Counsel accused in S.T. No. 503 of 1993 was acquitted by the appellate court and that decision is under challenge in this Court in appeal preferred by the complainant. Necessarily, records of the case are required in that case and cannot be called for in the civil suit. Even otherwise it was open to the petitioner to apply for and get certified copy of the relevant documents from S.T. No. 503 to 1993. Learned Counsel states that the suit is posted for trial in the list on 07-09-2010. But I must bear in mind that Ext.P1, order observing that petitioner can obtain certified copy of the relevant documents was passed on 24-06-2010 and this writ petition is filed only on 18-08-2010 I am not persuaded to think, on the facts and circumstances stated above that it is necessary to summon records of criminal case from the court of learned Judicial First Class Magistrate, Ettumanoor. It is open to the petitioner to get certified copy of the relevant documents. If petitioner is not able to produce relevant documents before trial in the case commenced it is up to the petitioner to request learned Sub Judge to grant sufficient time.

Writ petition is dismissed with the above observation.