S CHINNASAMY Vs. S. KALPANA

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the fair and decreetal order in I.A.No.1998 of 2014 in O.S.No.59 of 2014 on the file of the II Additional District Judge, Tiruppur thereby dismissing the application filed by the petitioner to send the documents for expert opinion under Section 45 of the Indian Evidence Act.

(2.) The learned counsel for the petitioner would submit that the petitioner filed a suit for specific performance based on the sale agreement dated 04.03.2011, which was executed by the respondent herein. The respondent filed the written statement and she specifically denied the signature found in the agreement for sale. When it being so, the petitioner wants to prove the agreement for sale by establishing the signature found in the sale agreement is of the respondent herein by getting expert opinion.

(3.) He further submitted that the petition was dismissed only on the ground that the petitioner ought to have filed an application under Order XI Rule 14 of the Code of Civil Procedure to summon the original admitted documents from the respondent even before filing the application under Section 45 of the Indian Evidence Act. He further submitted that even in the application itself he categorically stated that if the application under Section 45 of the Indian Evidence Act allowed, then the petitioner would file a petition under Order XI Rule 14 of the Code of Civil Procedure.