V K SRIDHAR Vs. C R SHANKAR

JUDGEMENT

(1.) FIRST defendant in O.S.Nos.6924 and 7294, 6923 and 6701 of 1996 and the third defendant in O.S.No.6702 of 1996 are the revision petitioners in C.R.P. (PD) Nos.4199, 4200, 4201, 4203 and 4202 of 2009 respectively.

(2.) THE plaintiff in the respective suits filed petitions under section 47 of the Indian Evidence Act to send the original settlement deed dated 28.12.1983 alleged to have been executed by the deceased Ramasamy Naidu through an Advocate to a handwriting expert for comparison with the admitted signatures of the deceased Ramasamy Naidu.

(3.) THE Trial Court, having adverted to the respective stand of the parties, thought it fit to refer the disputed document through the Advocate Commissioner for comparison with the signatures found in the admitted documents, despite the fact that the case was pending for 20 long years. Though the court has got ample power under section 73 of the Evidence Act to compare the admitted signatures with the disputed signatures, the Trial Court found that it was not fair and reasonable to compare the signature when a technical expert is available.