K SARANGAN Vs. M GOVINDARAJ

JUDGEMENT

(1.) THE Petitioner/Defendant has filed the present Civil Revision Petition as against the docket order dated 10.12.2009 in I.A.No.2888 of 2009 in I.A.No.7228 of 2007 in O.S.No.3717 of 2006 passed by the Learned III Assistant Judge, City Civil Court, Chennai.

(2.) THE Learned Senior Counsel for the Petitioner/Defendant submits that the learned III Assistant Judge, City Civil Court, Chennai should have seen that the Court is already seized of the matter and that the importance of an expert opinion is essential for disposal of the main suit itself. Moreover, I.A.No.7228 of 2007 has been taken on file before the enquiry in an application seeking leave to defend the suit.

(3.) ADVANCING his arguments, the Learned Senior Counsel for the Petitioner/Defendant projects an argument that the Trial Court has erred in holding that ' there is no need for the examination of documents by an expert at this stage ', inasmuch as it has already exercised its discretion and decided to send the document for an expert opinion.