B.S. ANAND KUMAR S/O B.S. SUBBEGOWDA Vs. SRI A.R. ARUNACHALAM S/O. N. ARUNACHALAM AND SRI N. NACHIYAPPA @ RAJAMANI S/O. RAJAPPA CHETTIAR

JUDGEMENT

(1.) IN this writ petition, petitioner is challenging the order passed by the Trial Court on I.A. No. 8 filed by the defendants under Order 26 Rules 9 and 10 CPC. read with Section 45 of the Evidence Act.

(2.) BY the impugned order, the Trial Court has appointed a hand writing expert as Court Commissioner to ascertain the signatures of defendants in the disputed agreement dated 22.05.2008 with the help of the admitted signatures of the defendants.

(3.) THE defendants have filed the written statement contending that the assertions made in the plaint regarding the execution of the agreement are totally false, It is contended that the agreement dated 22.05.2008 is forged one and it is also alleged in paragraph 4 of the written statement that the plaintiffs have played foul game to make believe that the transaction or contract has been made between the parties by producing forged documents. They have denied the assertion that the sale consideration was fixed at Rs. 10,00,000/ - and that the same was paid to the defendants as false.