THANGAMANI Vs. DEVI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed challenging the order of the learned II Additional District Munsif, Erode, made in I.A.No.188 of 2010 in O.S.No.761 of 2003 dated 29.4.2011.

(2.) THE revision petitioner is the plaintiff in the suit in O.S.No.761 of 2003 and the suit has been filed praying for a decree of partition and separate possession of his share to be allotted. The respondent filed a written statement and the matter has been proceeded on trial. At that stage, the petitioner filed an application to pass an order, sending the sale deed dated 10.4.1995, which contains the disputed signature, along with admitted signatures, to the Handwriting Expert attached to the Tamil Nadu Forensic Department of Madras, in order to get the expert opinion. The learned trial Judge, taking into consideration the contention of the petitioner that he has submitted three documents on the ground that they are the admitted documents, whereas the respondent has filed an objection that the documents produced by the petitioner are not genuine and they are self-serving documents, arrived at the conclusion that the three documents, viz, [i] membership card, [ii] and [iii] being private documents, are not the authenticated documents so as to consider them as genuine and further taking into account the submission of the petitioner that no other document is available except these three documents, and ultimately closed the petition holding that those documents cannot be sent to the expert for comparison. Aggrieved, the petitioner is before this Court by way of this revision.

(3.) HEARD the learned counsel appearing on either side and perused the materials placed on record.