GANESAN Vs. GOPI

JUDGEMENT

(1.) The Civil Revision Petition is directed against the order passed in I.A.No.1 of 2019 in A.S.No.6 of 2019, dated 21.08.2019 on the file of Additional District Court (FTC), Theni, in dismissing the petition filed under Order 26 Rule 10 (A) r/w Section 75 (e) of CPC, for sending the documents to handwriting expert for the comparison of signatures and for expert opinion.

(2.) The revision petitioner is the appellant/plaintiff and he filed the suit in O.S.No.30 of 2015 for recovery of money due on a cheque against the respondent/defendant. After trial, the suit was dismissed vide judgment dated 01.10.2018. Aggrieved by the dismissal of the suit, the plaintiff has preferred an appeal in A.S.No.6 of 2019 and the same is pending on the file of the Additional District Court, Theni.

(3.) Pending appeal, the appellant/plaintiff has filed the above application, seeking orders to send the disputed cheque and the document containing the admitted signatures for handwriting expert for comparison of the signatures and for expert opinion. The learned trial Judge, after enquiry, has passed the impugned order on 21.08.2019, dismissing the same. Aggrieved by the said order, the appellant has come forward with the present revision.