J U D G M E N T

The plaintiff in a suit for specific performance is the petitioner in the original petition.

2. The execution of the agreement is denied by the defendants. The wife of the second defendant namely Smt.Motti. V. was summoned to produce a document namely, original Settlement Deed No. 2091 of 2010 of the Sub Registrar's Office, Thevalakkara. That is a document executed by the second defendant in her favour. The document was sought to be summoned to prove the signature of the second defendant in the disputed agreement by comparing the same with the signature in the Settlement Deed. However, Smt.Motti filed an affidavit saying that the said Settlement Deed has been lost from her possession. Thereupon the petitioner-plaintiff filed application to examine Smt.Motti, to challenge the :- 2 :-

genuineness of the averments in the affidavit filed by her regarding loss of the document. The said application was dismissed by the court below.

3. As noticed in the impugned order, since it has been stated that the document has been lost from her possession, no useful purpose will be served by examining her. The genuineness of the agreement could be proved by the plaintiff by various other