THUNDIYIL ABDURAHIMAN Vs. ASHARAF KALAPEEDIKAYIL

JUDGEMENT

(1.) The defendant in O.S.No.16/2016 on the file of Munsiff Court, Nadapuram challenges in this original petition two orders passed against him by the learned Munsiff on I.A.No.511/2017 on 5.10.2017 and 8.12.2017 respectively directing production of original passport from his custody and striking out his defence for non-compliance with order for production.

(2.) The respondent, the plaintiff filed the suit to recover a certain sum of money based on a promissory note allegedly executed by the petitioner, defendant. The petitioner denied execution of the promissory note and also the liability. In reply to interrogatories delivered by the respondent, the petitioner's power of attorney holder, wife submitted to the court that documents containing his signature are not in her possession. It is an admitted fact that the petitioner is employed in Abu Dhabi and holds original passport in possession in connection with his stay in the country. The respondent with intent to get the admitted signature of the petitioner in the passport compared with the disputed signature in the promissory note and to get an expert opinion, applied to the court below under Order XI Rule 14 of the Code of Civil Procedure (for short 'the Code') for an order directing the petitioner to produce his original passport before court. The petitioner opposed the prayer on the ground that he will be deprived of his right to stay abroad and forced to return to India if he is ordered to produce the original passport before the court. He, however, offered to produce a photocopy of the passport if the court so permitted him.

(3.) This stand of the petitioner did not find favour with the court below and taking a view that non-production of original passport will affect the plaintiff's case and deprive him of a very valuable piece of evidence, I.A.No.511/2017 was allowed on 5.10.2017. The order for production of the passport was not complied with by the petitioner and this resulted in another order being passed on 8.12.2017 striking out his defence. These two orders are the subject matter of challenge in this original petition filed by him invoking the supervisory jurisdiction of this court under Article 227 of the Constitution of India.