K.SIVAKUMAR Vs. EZHILARASI

JUDGEMENT

(1.) The 2nd defendant in O.S.No.403 of 2006, now pending on the file of the learned II Additional Subordinate Court at Salem is the revision petitioner herein. The suit had been filed on the strength of three promissory notes alleging that one T.K.Kuppusamy had borrowed a sum of Rs.4,00,000/-. The defendants in the suit are the legal representatives of the said T.K.Kuppusamy. The 2nd defendant / present revision petitioner had filed his written statement and issues were framed. Parties were initiated to adduce evidence. Among other contentions raised in the written statement, there was a total denial of the execution of promissory notes. Pending the suit, an application was filed to forward the disputed promissory notes for Forensic Examination. Along with the said promissory notes, documents were also sent for a comparison of the signature.

(2.) It is the contention of Mr.K.Sivasubramanian, learned counsel for the Civil Revision Petitioner that originally, a letter was received on 27.12.2018 that the report was made ready. However, on an earlier day, it had been stated that further documents are required to carry out effective comparison of the signature. It is contended that four vakalats and two memos were then forwarded. It is the contention of the present revision petitioner that without taking into consideration the said documents, a report had been prepared and had been submitted before the Court. It is therefore claimed that the report having not been prepared in the manner known to law or by comparing the questioned signatures with all admitted signatures, the entire report should be eschewed.

(3.) On the basis of the above contentions, on an application was filed under Sec. 151 CPC, in I.A.No.658 of 2019, calling upon the Court to eschew the report. The Court passed an order dtd. 10.02.2021 dismissing the said application which order is the subject matter of the present Revision Petition.