SELVARAJA ACHARI Vs. M RAJESWARI

JUDGEMENT

(1.) THE Revision Petitioner/Plaintiff has projected the present Civil Revision Petition as against the order dated 02.12.2009 in I.A.No.11191 of 2009 in O.S.No.7842 of 2006 passed by the Learned XVII Assistant Judge, City Civil Court, Chennai.

(2.) THE Learned XVII Assistant Judge, City Civil Court, Chennai, while passing the orders in I.A.No.11191 of 2009 in O.S.No.7842 of 2006 on 02.12.2009, has observed in paragraph 8 to the effect that 'However the court has ample powers to compare the signatures in the alleged documents and came to a conclusion. In the present suit evidence on both sides were closed and the suit was posted for argument. Hence as trial has been commenced and document have been marked, the sale agreement Ex.A8, vakalat of the defendant and deposition of Chandran should not be sent out of the custody of the Court and hence dismissed the application without costs.'

(3.) THE Learned Counsel for the Petitioner places reliance on the decision of the Hon'ble Supreme Court in S.Kaladevi V. V.R. Somasundaram and others, AIR 2010 Supreme Court 1654 at page 1655 wherein it is laid down as follows: