V.V.KUNHIKRISHNAN Vs. V.NARAYAAN

JUDGEMENT

(1.) AN order refusing to remit the report of an expert in a suit for re-conveyance of property is under challenge in this original petition. The petitioner/plaintiff contended that the transaction in question is a loan and not a sale as contended by the respondents/defendants. The respondents disputed the signature of the first defendant (since deceased) found in the documents relied on by the plaintiff in the suit. Therefore the following documents were forwarded to an expert for analysis in the wake of the contention raised in the written document:

(2.) THE petitioner thereupon filed an application to forward the documents to another expert for analysis on the premise that neutral signature was not obtained earlier. The petitioner contended that the first defendant was at that point of time an employee of the District Co-operative Bank. Therefore many documents are available in the bank containing signature of the deceased first defendant during the period 1999-2003 which could be utilized as neutral signature. The court below has by the order impugned turned down the request put in by the petitioner in that regard.

(3.) THE court below is also at liberty to remit the report to Mr.Khan sahib if it finds that the report is lacking in material particulars after the evidence is so recorded. There is no necessity to forward the documents to another expert at this juncture especially since the court below has not recorded dissatisfaction with the report of Mr.Khan sahib(expert).