Judgment
OP(C) NO. 2436 OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944 OP(C) NO. 2436 OF 2022 AGAINST THE ORDER/JUDGMENT IN OS 698/2019 OF PRINCIPAL MUNSIFF COURT, PALAKKAD PETITIONER/S:
SANOOJ AGED 40 YEARS S/O RAJAPPAN, KUTTIRAMKUNNU HOUSE, PERUVAMBU P.O, PALAKKAD DISTRICT, PIN - 678531 BY ADVS.
ANAND KALYANAKRISHNAN C.DHEERAJ RAJAN RESPONDENT/S:
SAI SINDHU TRADERS REPRESENTED BY IT PROPRIETRIX SINDHU, AGED 47 YEARS, W/O PURUSHOTHAMAN, SANTHI, SEKHARIPURAM, KALPATHY, PALAKKAD DISTRICT , PIN - 678003 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2436 OF 2022 2 JUDGMENT Aggrieved by Ext.P4 order passed in I.A.No.2582/2022 by the Court of the Principal Munsiff, Palakkd, the defendant in the suit has filed the original petition. The respondent is the plaintiff in the suit.
2. The facts leading to Ext.P4 order, in brief, are: the respondent has filed the suit against the petitioner for realisation of an amount of Rs.90,180/- with interest. The petitioner has resisted the suit by filing Ext.P2 written statement. The parties went to trial. The respondent was examined as PW1 and the petitioner was examined as DW1. After the cross examination of the petitioner, he filed IA.No.2582/2022 (Ext.P3) to summon the Manager of Zara shopping complex to produce the lease deed pertaining to Sreelakshmi Silks and to give evidence as a witness. The court below, by the impugned Ext.P4 order, has dismissed Ext.P3 application. Ext.P4 is illegal, improper and
OP(C) NO. 2436 OF 2022 3 irregular. Hence, the original petition.
3. Heard; Sri.Anand Kalyanakrishnan, the learned counsel appearing for the petitioner.
4. The point is whether there is illegality in Ext.P4 order.
5. Ext.P1 plaint was filed on 21.11.2019. The petitioner filed his written statement on 17.01.2020.
6. The case of the respondent in Ext.P1 plaint is that the petitioner used to purchase textiles from the respondent on credit. The respondent is maintaining a running account with respect to the transaction. As per the accounts a total amount of Rs.1,29,624/- was due from the petitioner to the respondent, but the petitioner has paid only Rs.39,444/-. Therefore, a balance amount of Rs.90,180/- is due from the petitioner to the respondent.
The suit is filed against the petitioner in his individual capacity as the proprietor of ‘Sreelakshmi Silks’. The
OP(C) NO. 2436 OF 2022 4 petitioner has denied the transaction.
7. The suit was listed for trial, and the respondent was examined as PW1 and the petitioner was examined as DW1.
8. The petitioner has in unequivocal terms deposed in his cross-examination that GST registration of the proprietorship concern is in his name.
9. It is after the cross-examination of the petitioner that he has thought to summon the Manager of Zara Shopping Complex to produce the lease deed of Sreelakshmi Textiles. The court below, by the impugned Ext.P4 order has dismissed the application on the ground that it is highly belated and that the petitioner himself has admitted that GST registration was in his name.
The initial onus of proof to prove the transaction is on the respondent. The petitioner has denied the transaction.
Therefore, I do not find any necessity in allowing Ext.P3
OP(C) NO. 2436 OF 2022 5 application, which is highly belated and filed at the fag end of the trial, with an intention to protract the determination of the suit. The court below has not overstepped its authority in passing Ext.P4 order. There is no error in Ext.P4 order, warranting interference by this Court under Article 227 of the Constitution of India. The original petition fails and is hence dismissed.
sd/- C.S.DIAS, JUDGE rkc/09.12.22
OP(C) NO. 2436 OF 2022 6 APPENDIX OF OP(C) 2436/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S 698/2019 ON THE FILES OF PRINCIPAL MUNSIFF, PALAKKAD Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER HEREIN DATED 17.01.2020 Exhibit P3 THE TRUE COPY OF I.A 2582/2022 IN O.S 698/2019 ON THE FILES OF PRINCIPAL MUNSIFF, PALAKKAD DATED 15.11.2022 Exhibit P4 THE TRUE COPY OF THE ORDER DATED 21.11.2022 IN I.A 2582/2022 IN O.S 698/2019 ON THE FILES OF PRINCIPAL MUNSIFF, PALAKKAD