K K SWAMINATHAN Vs. SRINIVASAGAM

JUDGEMENT

(1.) This Revision Petition is directed against the order of II Additional District Munsif, Coimbatore in I.A.No.98/2001 in O.S.No.2473/1996 (dated 16.03.2001) dismissing the Application to send the Promissory Note dated 24.11.1983 to Handwriting Expert for the purpose of comparison of the signature thereon with the admitted signatures in the presence of the Officer of the Court.

(2.) This Revision Petition arises out of the following common grounds:-

(3.) Case of Revision Petitioner / Plaintiff is that he had borrowed a sum of Rs.3,000/= from the Defendant on 16.06.1981, for which the Respondent had taken his signatures in four stamped blank papers from the Revision Petitioner and the Respondent paid only a cash of Rs.2,700/= deducting advance interest of Rs.300/=. Towards discharge the Promissory Note debt, Revision Petitioner had totally paid Rs.7,600/=. Respondent had not only refused to pass receipt, but also inspite of repeated demands failed to return the Promissory Note executed by the Revision Petitioner. The Promissory Note for Rs.12,000/= filed in O.S.No.352/1986 is a concocted false document. Further case of the Revision Petitioner is that the Respondent made use of the false document in O.S.No.352/1986 and fraudulently obtained the decree thereon and the Plaintiff is entitled to have the matter re-opened under section 44 of the Evidence Act and is entitled to get a declaration that the decree in O.S.No.352/1986 is null and void and not binding upon the Plaintiff.