JANAKI C.N. Vs. SUSHEELA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 15/9/2018 passed by Senior Civil Judge and JMFC., Tiptur, in R.A.no.55/2011 confirming judgment and decree dtd. 21/6/2011 passed by Addl. Civil Judge and JMFC., Tiptur, in O.S.no.64/2008, this appeal is filed.

(2.) Sri K.N.Sunil, learned counsel for appellant submitted, appellant was plaintiff in suit filed for specific performance of agreement of sale dtd. 9/8/2007, executed by respondent/defendant agreeing to sell suit schedule properties to plaintiff for total sale consideration of Rs.50,000.00 by receiving Rs.30,000.00 as advance. It was submitted in suit, defendant had entered appearance and filed written statement denying execution of agreement of sale. Thereafter, plaintiff got himself and another witness examined as PWs 1 and 2. He got marked, original agreement of sale as Ex.P.1 and record of rights as Exs.P.2 and 3. It was submitted, respondent had duly cross-examined plaintiff witnesses and thereafter, filed I.A.no.VII under Order XXVI Rule 10-A of CPC for appointment of handwriting expert to compare admitted signatures of defendant with that on agreement of sale - Ex.P.1, to determine whether it was signed by defendant or otherwise.

(3.) It was submitted, said application was allowed by trial Court, on 2/1/2010. Thereafter, trial Court directed defendant to furnish name and address of Commissioner and to deposit Commissioner's fee. It was submitted, despite innumerable opportunities, defendant failed to furnish name and address. Thereafter, he failed to deposit Commissioner's fee. In view of default, on 22/1/2011, trial Court recalled its order dtd. 2/1/2010 and posted matter for recording defendant's evidence. As no evidence was adduced, it was posted for arguments and thereafter impugned judgment and decree was passed. Same was assailed by defendant in R.A.no.55/2011.