K DHANPAL Vs. K P DAMODARAN

JUDGEMENT

(1.) The revision petitioner/petitioner/plaintiff has filed the instant civil revision petition as against the order dated 21.10.2009 in I.A. No. 14945 of 2009 in O.S. No. 2573 of 2008 passed by the Learned VIII Assistant Judge, City Civil Court, Madras. The trial Court while passing orders in I.A. No. 14945 of 2009, dated 21.10.2009. in paragraph 8 has inter alia is stated that mere denial of signature during cross-examination by D. W. 1 will not amount to prove the case and further, D. W. 1 has denied her signature in page No. 4 and at the same time, she admits the signature in Exhibit A-3-Power of Attorney and the Court can compare the signature in Exhibit A-2, A-3 with Vakalath, Counter and other documents etc., and resultantly dismissed the Application.

(2.) According to the learned counsel for the revision petitioner/plaintiff, the trial Court committed error in dismissing the petition in I.A. No. 14945 of 2009 to send the document for examination of an Expert.

(3.) It is the contention of the learned counsel for the petitioner/plaintiff that as soon as the denial has been recorded, the revision petitioner has taken positive steps to have the documents examined through an Expert, but in law, the onus to prove the document cannot be scuttled and it is the duty of the Court to ensure that all evidence are made available during the course of trial so as to enable the Court of law to evaluate the evidence at a subsequent point of time.