PALANIAMMAL Vs. PALANISWAMI

JUDGEMENT

(1.) What is challenged herein is an order of the learned Additional District Judge cum Chief Judicial Magistrate, Karur dismissing an application filed by the petitioners herein for appointment of a handwriting expert to compare the signatures in the agreement of sale dated 19.8.1981 marked as Ex.A2 and the signature in the receipt dated 30.1.84 marked as Ex.A4 along with the signatures in the admitted documents dated 30.1.84 marked as Ex.A3, on the basis of which the relief was sought for by the petitioners/plaintiffs.

(2.) It was a suit filed filed by the petitioners herein for specific performance seeking a direction to the respondents/defendants to execute a sale deed on the basis of an agreement of sale dated 19.8.81 and the receipt dated 30.1.84. The execution of those documents was flatly denied by the respondents/defendants. On trial, the suit by the revision petitioners was dismissed. Aggrieved plaintiffs have brought forth an appeal in A.S.No.34 of 2001 pending on the file of the learned Additional District Judge. During the pendency of the appeal, the instant application seeking the appointment of an handwriting expert to compare the signatures found in Ex.A2 agreement and Ex.A4 receipt along with the admitted signatures found in the document under Ex.A3 was filed. On contest, the said application was dismissed. Aggrieved plaintiffs have brought forth this revision.

(3.) Arguing for the petitioners, the learned Counsel would submit that the lower Court has dismissed the application only on the ground of delay; that it is true that steps were not taken by the plaintiffs when the suit was pending before the trial Court, but a comparison was done by the trial Court invoking Sec.73 of the Evidence Act; that on comparison, the trial Court has accepted the defence, which grievance was ventilated before the first appellate forum, and hence, it was a fit case where a handwriting expert has got to be appointed to compare the signatures before the matter is heard by the first appellate forum.