PREETHA Vs. VELU

JUDGEMENT

(1.) UNDER challenge is Ext.P5 order whereby the court below declined to send Ext.A2 series of documents for expert's opinion.

(2.) THE suit was one for specific performance. The allegation was that the defendant had executed agreement for sale and he failed to honour the agreement and therefore suit was laid. The defendant denied execution of agreement and pointed out that he had no intention to sell the property to the plaintiff in the suit. The agreement on which reliance was placed for sent for expert's opinion and it was revealed that the signature found on Ext.A1 does not belong to the defendant.

(3.) LEARNED counsel appearing for the petitioner pointed out that the court below by the impugned order has precluded her from adducing evidence in her favour. It is contended that no party should be shut out from adducing evidence and her prayer for adducing evidence ought to have been allowed. It is further pointed out that Ext.A2 series of documents have not been subjected to proof and therefore it is necessary for the petitioner to prove the documents in accordance with law. It is the said order that was sought to be availed of which was declined. It is therefore contended that the order cannot stand.