JOSEPH ANTOINE MARIE MICHAEL Vs. SELIN MARY

JUDGEMENT

(1.) CIVIL Revision Petition is filed against the fair and decretal order dated 17.07.2014 made in I.A. No. 80 of 2013 in O.S. No. 48 of 2007 on the file of the III Additional District Court, Pondicherry.

(2.) AT the time of admission, argument of the learned counsel for the revision petitioners is heard in length.

(3.) DURING pendency of the suit, the defendants filed an application in I.A. No. 333 of 2010 for sending the sale agreement to compare with the admitted signature of the defendants, which was dismissed, against which, the revision petition is preferred and the same was allowed and on that basis, I.A. No. 129 of 2012 was filed to appoint an Advocate Commissioner for comparison and furnishing expert's opinion. Advocate Commissioner was appointed and the document has been sent for Forensic and Science Department and the handwriting expert was examined as C.W.1 and during his cross -examination, the defendants came to know that C.W.1 has not followed the procedure while comparing the document, therefore, the defendants came forward with the application in I.A. No. 80 of 2013 for superseding the report in Ex.X1 and to depute another handwriting expert for examination of the document. The trial Court, after hearing the objection raised by the plaintiff, dismissed the application, against which, the present revision petition is preferred by the defendants/revision petitioners.