DAMARA VENKATA MURALI Vs. GURUJUPALLI SATVATHAMMA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of learned Single Judge of the Andhra Pradesh High Court dismissing the Civil Revision Petition filed by the appellant. Challenge in the Civil Revision Petition was to the order dated 7.8.2006 passed in I.A. 546 of 2006 in OS No. 9 of 2004 on the file of learned Senior Civil Judge at Bobbil. Learned Senior Civil Judge had dismissed the application filed by the defendant i.e. present appellant for action in terms of Section 45 of the Indian Evidence Act, 1872 (in short the Act). Prayer was to send Exh. B1 to B12 to Government Expert for comparison of signatures of CW 1 therein with the admitted signatures appearing on his deposition and summons served on him.

(3.) Background facts in a nutshell are as follows : The respondent-plaintiff filed a suit against the petitioner defendant for recovery of Rs.2,28, 150/- basing on a promissory note purportedly executed by him over Rs.1,50,000/- on 25.3.2001 and executed a suit promissory note agreeing to repay the same with 18% interest. The petitioner-defendant disputed the suit promissory note. He took the plea that he had some transactions with the son of the plaintiff and towards the said transactions he had paid various amounts under Exs. B 1 to B 12 and he discharged his liability by paying the amount on various dates. The plaintiff closed his evidence and so also the defendant. When the case came up for arguments, the petitioner-defendant filed I.A. No. 432 of 2005 with a prayer to reopen the case for his evidence and I.A. No. 433 of 2005 to summon the son of the plaintiff by name Garujupalli Sriramamurthy and the said applications were dismissed by the trial Court. The petitioner filed C.R.P. Nos. 4684 and 4883 of 2005 and this Court by order dated 29.3.2006 allowed the Civil Revision petitions and thereby permitted the petitioner-defendant to summon the son of the plaintiff by name Garujupalli Sriramamurthy. The relevant portion of the order passed by the High Court in the aforesaid CRPs reads as under :