LAWS(KER)-2017-8-397

BABU SCARIA Vs. JESSY THOMAS

Decided On August 14, 2017
Babu Scaria Appellant
V/S
Jessy Thomas Respondents

JUDGEMENT

(1.) The petitioner, who is the judgment debtor in E.P.No.12 of 2010 in O.S.No.114 of 1999 on the file of the Munsiff's Court, Kattappana, is before this Court in this original petition filed under Article 227 of the Constitution of India seeking an order to set aside Exts.P4, P6 and P7 orders of the said court.

(2.) On 19.10.2017, when this original petition came up for admission as 'today motion' it was noticed that the documents produced as Exts.P4 and P7 are neither a certified copy nor a true copy of the impugned orders. Registry was directed to get an explanation from the Filing Scrutiny Officer, who numbered this original petition without even noticing the fact that copy of Exts.P4 and P7 orders, which are impugned in this Original Petition, are not placed on record.

(3.) In paragraph 5 of the original petition, the petitioner has stated that the document marked as Ext.P4 is a typed copy of the proceedings in E.A.No.21 of 2014 and that, Ext.P7 is the text of the order passed in E.A.No.41 of 2017 and E.A.No.44 of 2017. In paragraph 2 of the affidavit in support of the original petition, the petitioner has verified that the documents marked as Exts.P1 to P8 are true copies of the originals.