SEETHALAKSHMI Vs. M.KARUNANIDHI

JUDGEMENT

(1.) THE Petitioner/Plaintiff has focussed the instant Civil Revision Petition as against the Order dated 22.03.2010 in I.A.No.809 of 2009 in O.S.No.111 of 2006 passed by the Learned District Munsif, Kangeyam, Erode District.

(2.) THE Learned District Munsif, while passing the impugned order in I.A.No.809 of 2009 in O.S.No.111 of 2006 dated 22.03.2010, has, categorically, among other things, observed that '.. at the time of obtaining the thumb impression from the Respondent/Defendant in the presence of Court, the Petitioner and Respondent side Advocates were present and also that at the time of obtaining the Respondent/ Defendant's thumb impression by the Court, no objection has been raised/placed by the Petitioner's Advocate and also nearly 10 thumb impressions have been obtained from the Respondent/Defendant and the said 10 thumb impressions together with thumb impression of the suit pro-note have been sent for Expert's examination and the Expert has examined those impressions and has come to a conclusion that they are different ones and the two thumb impressions do not belong to a same person and to that effect has filed a Report etc. and consequently, dismissed the Application leaving the parties to bear their own costs.

(3.) THE Learned Counsel for the Petitioner/Plaintiff, while advancing his arguments, contends that the trial Court has sent only the thumb impression of Defendant for the purpose of Forensic Expert's Examination and it has not sent the Tamil signature of the Respondent/Defendant for comparison and in this regard, there has been a violation of the order passed by this Court in C.R.P.PD.No.2541 of 2008, committed by the trial Court.