UNNI PILLAI C. S. Vs. LALITHAKUMARI G.

JUDGEMENT

(1.) This is an Original Petition filed under Article 227 of the Constitution of India. In this matter, the petitioner, who is the plaintiff in O.S.No.18/2004 on the file of the Sub Court, Attingal, impugns order in I.A.No.1/2021 in O.S.18/2004 dtd. 12/1/2022.

(2.) Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondent.

(3.) To be on the facts of this case; the defendant, who is the respondent herein, filed a petition under Order 26 Rule 10A r/w Sec. 151 of the Code of Civil Procedure to send the promissory note dtd. 10/12/2002 produced by the plaintiff in the Suit to Forensic Science Laboratory, to ascertain the genuineness of the handwriting and signatures in the same with that of the admitted signatures and handwritings of the defendant. According to the defendant, the promissory note and the contents therein are fabricated and, therefore, expert opinion is necessary to establish the said fact.