High Court dismissed a petition under Article 227 challenging the Sub Court's order permitting expert inspection of a computer-generated day book produced to prove consideration for a promissory note, holding that marking a document does not accept it as evidence without reservation.
Original petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 14TH DAY OF JUNE 2018 / 24TH JYAISHTA, 1940
OP(C).No. 276 of 2013 (O)
AGAINST THE ORDER IN OS 1417/2009 of PRL.SUB COURT, THRISSUR, DATED 31.12.2012
PETITIONER : -
M/S.BRIGHT KURIES AND LOANS PVT. LTD., CHEMBUKAVU VILLAGE, THRISSUR TALUK AND DISTRICT, REPRESENTED BY ITS CHAIRMAN C.T.JOS.
BY ADVS.SRI.N.SUBRAMANIAM
SRI.M.S.NARAYANAN SRI.GEORGE CHERIAN SRI.P.T.GIRIJAN SMT.USHA NARAYANAN
RESPONDENTS : -
R1 & 2 BY ADV. SRI.SANTHOSH MATHEW
R1 & 2 BY ADV. SRI.JENNIS STEPHEN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 276 of 2013 (O)
2
APPENDIX
PETITIONER'S EXHIBITS :
RESPONDENTS' EXHIBIT : NIL.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
P. SOMARAJAN, J.
O.P.(C) No. 276 of 2013
Dated this the 14th day of June, 2018
J U D G M E N T
Aggrieved by the order allowing appointment of an expert to inspect the computer originated data entry (day book), which is produced as Exhibit A12, by the Lower Court, the plaintiff/petitioner came up with this petition under Article 227 of the Constitution of India.
O.P.(C) No. 276 of 2013
2
addition, alteration of any of the entries in the document. Five questions were formulated to be elucidated by an expert. It
was allowed by the Lower Court which is under challenge.
O.P.(C) No. 276 of 2013
3
and it cannot be curtailed unless there is compelling reasons so as to outweigh the advantage that may be obtained by the parties concerned. Sending of a document (day book) generated from a computer so as to verify whether it was kept in the usual course of the business is really permissible and hence I am of the view that nothing was brought to my notice so as to have an interference under Article 227 of the Constitution of India with the order passed by the Lower Court.
Original petition is dismissed. No order as to costs.
Sd/-
P. SOMARAJAN, JUDGE
DMR/-
2 issues framed by the court
Whether the High Court should interfere under Article 227 to quash the Lower Court's order allowing expert inspection of a computer-generated day book.
Whether mere marking of a document amounts to accepting it in evidence and precludes cross-examination or expert challenges to its genuineness.
2 provisions across 1 enactments
M/S.BRIGHT KURIES AND LOANS PVT. LTD.
JOS T.J.
REJI JOS
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
