SAMIAPPAN Vs. RAMASWAMY GOUNDER

JUDGEMENT

(1.) THIS is an appeal against an order of remand. The suit was instituted by the plaintiff on the allegations that on the morning of 19th November, 1967 he advanced a sum of Rs. 2,000 to the defendant, that later on the same day the defendant executed a "voucher" (Exhibit A -1) promising to pay the said sum with interest at the rate of twelve per cent. per annum, that he defaulted to pay and that therefore the plaintiff filed the suit for recovery of the amount, limiting his claim for interest to six and one -fourth per cent. per annum.

(2.) THE defendant denied that he took any money from the plaintiff and he further denied that the signature in Exhibit A -1 was his. He contended that the suit had been falsely laid against him because of enmity which was itself due to the fact that the defendant helped a Harijan girl who filed a complaint against the plaintiff's son for alleged rape.

(3.) ON the basis of the above evidence the trial Court dismissed the suit. The plaintiff preferred an appeal which was heard by the learned Subordinate Judge of Erode, as A.S. No. 76 of 1971. Long after the appeal was filed, the plaintiff filed I.A. No. 62 of 1972 for reception of additional evidence, namely, that Exhibit A -1 should be sent for examination by a handwriting expert, after taking a photostat copy of the signature of the defendant. The judgment of the learned Subordinate Judge, which is under appeal, shows that the only point which was argued by the learned Counsel for the plaintiff was that even in the trial Court a similar application had been made, but had been rejected. It was mainly on that ground that the learned Subordinate Judge set aside the judgment of the learned District Munsif and remanded the suit, permitting the plaintiff to take photostat copies of the signature of the defendant and sending Exhibit A -1 to the handwriting expert for comparison with the admitted signature of the defendant. Aggrieved by this order of remand, the defendant has preferred this appeal.