VALUPILLAI Vs. JAYAMANIAMMAL

JUDGEMENT

(1.) This petition and CMP coming on for orders as to admission on Monday the twelfth day of Feb., 2001 on this day upon perusing the petition, the orders of the tower Court and the record in the case and upon hearing the arguments of Mr. P. Mani, Advocate for the petitioner in both the petitions and of Mr. K.S. Kumar, Advocate for the respondent in both the petitions and having stood over for consideration till this day, the Court made the following order: The unsuccessful defendant in O.S. No. 333 of 1996 on the file of Additional District Munsif of Cheyyar has preferred the revision aggrieved against the orders passed in I.A. No. 753 of 1999 dated 4.3.2000.

(2.) The case in brief is as follows : The petitioner/defendant filed a petition under Sec. 151 of Civil Procedure Code to send the suit promissory note to the Hand Writing Expert for comparison of the signature with the other admitted signatures and to send a report. The respondent/complainant filed a suit for recovery of certain amount due under a promissory note. The petitioner/defendant had taken a stand that he is not in the habit of signing in Tamil and as such the signature in the promissory note is a forged one. Unless the document is sent to the Hand Writing Expert, he would be put to much toss and hardship. The respondent/plain tiff opposed the application and stated that there is no reason to send the documents, to the Hand Writing Expert. The petitioner has deliberately signed in Tamil whereas in all other documents, he had signed in English. The petitioner has also not chosen to file any document which contains his signature in Tamil and in the absence of any such document, no useful purpose would be served in sending the document to the expert. Apart from that, the Court has got power to compare the same with any admitted signature if and when produced by the petitioner. The applications has been filed only to protract the litigation. After hearing the parties, the learned District Munsif, dismissed the application and aggrieved against this, the present revision has been filed.

(3.) Heard the learned Counsels of both sides.