NARASIMHAPPA Vs. H G RATHNAMMA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and perused the records.

(2.) PETITIONER is the sole plaintiff in an original suit bearing No.38/2009 pending on the file of the Civil Judge (Jr.Dn.) and J.M.F.C., Pavagada. The said suit has been filed by the plaintiff for the relief of specific performance against the respondents herein. During the pendency of the suit, the respondents/defendants have filed their written statement denying the execution of the alleged agreement of sale in favour of the petitioner/plaintiff.

(3.) WHAT is argued before this Court by the learned counsel for the petitioner is that the Court is an expert of experts, in terms of Section 73 of the Evidence Act and hence, the Court itself could have compared the admitted signatures with the disputed signatures and therefore, the Court has committed a serious error in referring the matter to an expert.