High Court of KeralaSingle JudgeOriginal petition disposed; directions issued t...

Prakash Kuruvilla v Terrin Jose

Case / Petition Number:OP(C) NO. 107 OF 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C.S. Dias
Judgment Date
2023-01-18
Court Decision / Holding
Notwithstanding Ext.P13 order, the petitioner and the respondent shall be permitted to address the court below on the admissibility, relevance and genuineness of the documents produced by both sides; The time period fixed by this Court in OP(C) No.1833/2022 to dispose of the suit is enlarged till 28.02.2023.
Final Disposition
Original petition disposed; directions issued to allow parties to argue admissibility and genuineness of documents; time extended to 28.02.2023.

Parties to the Case

Appellants / Petitioners

  • Prakash Kuruvilla

Respondents

  • Terrin Jose

Legal Representation & Advocates

Counsels for Petitioners

  • • M. Narendra Kumar
  • • B. Rajesh (Kottayam)

Counsels for Respondents

  • • G. Santhosh Kumar

Case Synopsis & Summary

Prakash Kuruvilla filed OP(C) 107/2023 challenging Ext.P13, the order of the Principal Sub Court/Commercial Court, Kottayam, in OS 137/2017, which marked and deemed documents—duplicate invoices and computer account statements with 65B certificates—as admissible evidence. The petitioner (plaintiff) argued that these documents were not originals and that the certification under Section 65B of the Indian Evidence Act was inadequate. The Ext.P13 order treated duplicates as primary evidence under Section 52 of the Indian Evidence Act, a position the petitioner contends is manifestly wrong, illegal and irregular. The petitioner asserts that the trial court did not apply the four-stage test for reliance on documents marked in evidence and thus did not properly assess admissibility, relevance or genuineness. The High Court cites PRS Hospital, Thiruvananthapuram and P. Anilkumar (2021 KHC 1), which laid down the four-stage framework, and holds that mere marking of documents is insufficient; both sides must be heard on admissibility and genuineness. The court also notes a prior directive in OP(C) No.1833/2022 to dispose of OS 137/2017 by 31.01.2023 and, given subsequent developments, enlarges the discretional time to 28.02.2023. In sum, the original petition is disposed with directions to the trial court for a fresh consideration under the four-stage test and to hear final arguments on admissibility and authenticity.

Provisions of Law Cited

Section 52, Indian Evidence ActSection 65B, Indian Evidence ActArticle 227, Constitution of India

Legal Doctrines & Maxims

  • Four-stage test for admissibility of documents marked in evidence (PRS Hospital, Thiruvananthapuram and P. Anilkumar, 2021 KHC 1)
  • Primary evidence doctrine under Section 52, Indian Evidence Act
  • Exercise of supervisory powers under Article 227 of the Constitution of India

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends Ext.P13 is manifestly wrong, illegal and irregular. The documents marked (Exts B1–B9) are not shown to be original, and the certificates under Section 65B of the Indian Evidence Act are inadequate. The lower court did not apply the four-stage test for reliance on documents marked in evidence. The petition seeks that the admissibility, relevance and genuineness of the documents be considered afresh, with both sides given opportunity to argue final arguments on those issues.

Contentions of Respondents

The respondent argues that the invoices and computer statements (Exts B1–B9) are duplicates of originals and accompanied by valid Section 65B certificates; the proof affidavit (Ext P3) supports their admissibility; the court below correctly marked them prima facie admissible and the matter requires consideration of relevancy and genuineness in light of the four-stage test; the court should allow the parties to proceed with arguments and complete justice.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
PRS Hospital, Thiruvananthapuram and another v. P. Anilkumar2021 KHC 1PositiveCited to establish the four-stage test for admissibility of documents marked in evidence and to critique Ext.P13 for not applying these principles in detail.

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Extracted Judgment Text

Exact text extracted from official judgment records.

OP(C) NO. 107 OF 2023 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **WEDNESDAY, THE 18[TH] DAY OF JANUARY 2023 / 28TH POUSHA, 1944 OP(C) NO. 107 OF 2023** **AGAINST THE ORDER/JUDGMENT IN OS 137/2017 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, KOTTAYAM** ## **PETITIONER/S:** PRAKASH KURUVILLA AGED 48 YEARS S/O. KURUVILLA KURUVILLA, KOLLAPALLIYIL HOUSE, KIDANGOOR VILLAGE, KIDANGOOR POST, KOTTAYAM DISTRICT, PIN - 686602 BY ADVS. M.NARENDRA KUMAR B.RAJESH (KOTTAYAM) ## **RESPONDENT/S:** TERRIN JOSE AGED 55 YEARS S/O. K.T. JOSEPH, KUNCHARAKKATTIL HOUSE, ARAMANOOR P.O., AYARKUNNAM VILLAGE, KOTTAYAM DISTRICT, , PIN - 686564 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 107 OF 2023 2 ## **JUDGMENT** Confronted with Ext.P13 order passed by the Court of the Principal Subordinate Judge, Kottayam in O.S.No.137/2017, the plaintiff has filed the original petition. The respondent is the defendant in the suit. 2. The concise case of the petitioner, in the original petition, is as follows: - (i) The petitioner has filed the above suit against the respondent for recovery of money. - (ii) The petitioner and three other witnesses were examined as PWs 1 to 4 and Exts.A1 to A9 were marked through them. - (iii) Thereafter, the respondent filed Ext.P3 proof affidavit, in lieu of his chief examination and marked Exts.B1 to B9 documents. Exts.B1, B3, B5 and B7 OP(C) NO. 107 OF 2023 3 are claimed to be the duplicate copies of the invoices for the period 2014-2015. Likewise, Exts.B2, B4, B6 and B8 are the computer account statements accompanied by a certificate under Section 65B of the Indian Evidence Act. - (iv) The petitioner objected to the marking of the above said documents on the ground that the documents are not original and the certification is inadequate. - (v) The court below, by the impugned Ext.P13 order, has held that as the invoices are duplicate copies of the original invoices, and the same are primary evidence, as defined under Section 52 of the Indian Evidence Act. Similarly, the certification under Section 65 B of the Indian Evidence Act, substantially satisfies the requirement as contemplated under the above provision. - (vi) Ext.P13 is manifestly wrong, illegal and irregular. OP(C) NO. 107 OF 2023 4 Hence, the original petition. 3. Heard; Sri. M. Narendra Kumar, the learned counsel appearing for the petitioner and Sri.G.Santhosh Kumar, the learned counsel appearing for the respondent. 4. When the original petition was taken up for consideration today, Sri.M.Narendra Kumar, the learned counsel appearing for the petitioner submitted that the two questions that have been decided by the court below in Ext.P13 order may be left open because the court below has only prima facie formed an opinion to mark the documents. The petitioner may be permitted to address the court below at the final argument stage. I accept the above submission for the reason that the documents were produced and marked with the proof affidavit prima facie finding them to be admissible in evidence. 5. In **PRS Hospital, Thiruvananthapuram and** **another vs. P.Anilkumar** [2021 KHC 1], a Division OP(C) NO. 107 OF 2023 5 Bench of this Court has elaborately laid down the four stages by which a Court can rely on document marked in evidence. 6. On a reading of Ext.P13 order, it can be gathered that the court below has not considered the matter in detail following the principles laid down in **PRS Hospital** (Supra). Therefore, I am of the definite view that the mere marking of the documents as reflected in Ext.P13 order is insufficient and the court below has to consider whether these documents can be accepted in evidence. Hence, notwithstanding Ext.P13 order passed by the court below, the petitioner and the respondent would be at liberty to address the court below on the relevancy and admissibility of the documents that have been produced by both sides, which would give both sides an opportunity and in turn do complete justice to both sides. 7. It is brought to my notice that this Court, by OP(C) NO. 107 OF 2023 6 judgment dated 16.11.2022 in OP(C) No.1833/2022, has directed the court below to consider and dispose of O.S.No.137/2017 on or before 31.01.2023. 8. Sri.Narendra Kumar submitted that in view of the subsequent developments that have transpired, the petitioner may have to be recalled to clarify on certain aspects. Therefore, the time period fixed by this Court may be enlarged. The said submission is not seriously opposed by Sri.Santhosh Kumar. 9. In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition as follows: (i) Notwithstanding Ext.P13 order passed by the court below, the petitioner and the respondent shall be permitted to address the court below on the admissibility, relevance and the genuineness of the documents produced by both sides. OP(C) NO. 107 OF 2023 7 (ii) The time period fixed by this Court in OP(C) No.1833/2022, to dispose of the suit, is enlarged till 28.02.2023. **sd/C.S.DIAS JUDGE** rkc/18.01.23 OP(C) NO. 107 OF 2023 8 ## **APPENDIX OF OP(C) 107/2023** |PETITIONER EXHIBITS|| |---|---| |Exhibit-P1|A TRUE COPY OF THE PLAINT IN O.S.NO.137| ||OF 2017| |Exhibit-P2|A TRUE COPY OF THE WRITTEN STATEMENT| ||DATED 05.01.2018,| |Exhibit-P3|THE TRUE COPY OF THE PROOF AFFIDAVIT| ||FILED BY THE DEFENDANT| |Exhibit-P4|THE TRUE COPY OF EXHIBIT - B1 MARKED IN| ||PROOF AFFIDAVIT FILED BY THE DEFENDANT| ||REGARDING RETAIL INVOICE DATED 25.4.2014| ||AND 27.3.2015 FORM NO.8B| |Exhibit-P5|THE TRUE COPY OF THE EXHIBIT - B2 MARKED| ||IN PROOF AFFIDAVIT FILED BY DEFENDANT| ||REGARDING THE INVOICE OF ATHAN ARCADE| ||,MC,ROAD THELLAKOM DATED 25.4.2014 TO| ||27.3.2015 AND 1.4.2014 TO 31.3.2015 WITH| ||CERTIFICATE U/S 65 B EVIDENCE ACT| |Exhibit-P6|THE TRUE COPY OF EXHIBIT - B3 MARKED IN| ||PROOF AFFIDAVIT FILED BY THE DEFENDANT| ||REGARDING RETAIL INVOICE DATED 3.4.2014| ||AND 23.3.2015 FORM NO.8B| |Exhibit-P7|THE TRUE COPY OF THE EXHIBIT - B4 MARKED| ||IN PROOF AFFIDAVIT FILED BY DEFENDANT| ||REGARDING THE INVOICE OF KAROTTUKUNNEL| ||PLAZA KALTHIPADY KOTTAYAM DATED 3.4.2014| ||TO 23.3.2015 AND 1.4.2014 TO 31.3.2015| ||WITH CERTIFICATE U/S 65 B EVIDENCE ACT| |Exhibit-P8|THE TRUE COPY OF EXHIBIT - B5 MARKED IN| ||PROOF AFFIDAVIT FILED BY THE DEFENDANT| ||REGARDING RETAIL INVOICE DATED 3.4.2014| ||AND 3.2.2015 FORM NO.8B| OP(C) NO. 107 OF 2023 9 |Exhibit-P9|THE TRUE COPY OF THE EXHIBIT - B6 MARKED| |---|---| ||IN PROOF AFFIDAVIT FILED BY DEFENDANT| ||REGARDING THE INVOICE OF BEN PLAZA| ||KALATHIPADY<br>P.O<br>CHENGANNOOR<br>DATED| ||3.4.2014 TO 3.2.2015| |Exhibit-P10|THE TRUE COPY OF EXHIBIT - B7 MARKED IN| ||PROOF AFFIDAVIT FILED BY THE DEFENDANT| ||REGARDING RETAIL INVOICE DATED 22.3.2015| ||AND 12.1.2015 FORM NO.8B| |Exhibit-P11|THE TRUE COPY OF THE EXHIBIT - B8 MARKED| ||IN PROOF AFFIDAVIT FILED BY DEFENDANT| ||REGARDING THE INVOICE OF MBA BUILDING| ||EDAPPALLY COCHIN DATED 12.1.2015 TO| ||22.3.2015 AND 1.4.2014 TO 31.3.2015 WITH| ||CERTIFICATE U/S 65 B EVIDENCE ACT| |Exhibit12|THE TRUE COPY OF THE EXHIBIT - B9 MARKED| ||IN PROOF AFFIDAVIT FILED BY DEFENDANT| ||REGARDING THE INVOICE OF BIG C PALA ROAD| ||ETTUMANOOR DATED 1.4.2014 TO 31.3.2015| ||WITH CERTIFICATE U/S 65 B EVIDENCE ACT| |Exhibit-P13|THE TRUE COPY OF THE ORDER DATED| ||11.01.2023 IN O.S.NO.137/17|