P K THOMAS Vs. SREEDHARAN S/O KOMAN

JUDGEMENT

(1.) THE defendant in a suit for specific performance of an agreement for sale is the petitioner. THE defendant disputed the signature found in the suit agreement. THE court below therefore forwarded the document to a handwriting expert. THE handwriting expert thereafter filed a report stating that the signature found in the agreement is that of the defendant.

(2.) THE defendant thereupon filed an application to forward the suit agreement to another handwriting expert. But the application was dismissed on the ground that another Commissioner cannot be appointed without setting aside the first report. THE defendant thereupon filed an application to set aside the report already submitted by the expert. This has been rejected by Ext.P10 order which is impugned in this original petition.

(3.) THE original petition is disposed of subject to the above observation.