VENKATACHALAM Vs. ANGAMMAL

JUDGEMENT

(1.) The order dismissing the application filed by the plaintiff, the petitioner herein to send the document Ex.B2 filed by the defendants/respondents for comparison by the Handwriting Expert is sought to be set aside in this civil revision petition.

(2.) The petitioner filed a suit for declaration and injunction against the respondents herein. The written statement has been filed by the first respondent stating that there was a panchayat muchalika dated 20.12.2000 by which the plaintiff would not be entitled to the relief sought for. After examination of the witnesses on both sides was over, the petitioner filed an application in I.A.No.16 of 2002 under Order 26 Rule 10(A) C.P.C. read with Section 45 of the Evidence Act to send the document, namely panchayat muchalika filed the defendants/respondents to obtain the opinion of the Handwriting Expert contending that the signature found in Ex.B2 was not put by him and as such, Ex.B2 is a fabricated one. The same was dismissed on the ground that there was a long delay in filing the petition.

(3.) Contending that the mere delay cannot defeat the rights of the parties, the counsel for the petitioner has filed this revision assailing the impugned order.