SUNDARAMMAL Vs. K. SELVAM

JUDGEMENT

(1.) THE submissions made by Mr.E.C.Ramesh, learned counsel for the revision petitioners and by Mr.V.Bharathidasan, learned counsel for the respondent are heard. The materials produced in the form of typed set of papers are also perused.

(2.) AS against the dismissal of an application filed by the respondent herein as I.A.No. 172/2011 in O.S.No. 231/2004, the present civil revision petition has been filed. The suit is one instituted for recovery of money based on the suit promissory note dated 03.12.2000 allegedly executed by one Marasamy, the husband of the first petitioner/father of the petitioners 2 and 3 for a sum of Rs.75,000/ -. After the death of Marasamy, the suit was filed against the revision petitioners on 03.12.2003 for recovery of money allegedly borrowed by deceased Marasamy from his estate available in the hands of the revision petitioners.

(3.) THEREAFTER , trial commenced and the petitioners, without extending cooperation for the disposal of the suit within the time stipulated by this court in its order dated 12.07.2011 in C.R.P.(NPD) No. 2985/2010, chose to file I.A.No. 172/2011 praying that the disputed promissory note should be sent to the Forensic Laboratory along with the documents containing the admitted signatures of the deceased Marasamy for the opinion of a handwriting expert. The said application was dismissed by an order dated 16.09.2011 holding that the same was nothing but an attempt to delay the disposal of the suit.