N BALARAMA REDDY Vs. SARATHY ENTERPRISES

JUDGEMENT

(1.) SYNDICATE Bank, Karur Branch, filed the suit out of which this appeal arose for recovery of a sum of Rs. 89,522.35. The first defendant is a Firm by name Sri Sarathi Enterprises represented by its Managing Partner, T.V. Ramana Reddy. The Partners of the Firm are defendants 2 to 6. The suit is based on a promissory note dated 24-1-1976. The first defendant firm has also availed of overdraft facilities and had not repaid the amounts due to the Bank. After issuing a notice, the plaintiff filed the suit. The only person who sent a reply to the notice is the second defendant. The plaintiff sent a rejoinder to the reply notice and then filed the suit.

(2.) THE only person who filed written statement in the suit contesting the same was the sixth defendant. According to him, he was not a Partner of the Firm and he did not know either the Firm or the Partners thereof. He had nothing to do with the suit transaction of the firm. According to him, the suit promissory note was a forgery. Any document which purports to contain his signature is a forgery.

(3.) THE present appeal has been filed by the sixth defendant. THE suit was of the year 1979. It was disposed of on 16-4-1981. THE present appeal was presented on 12-10-1981 and taken on file on 29-11-1983. THE appellant has chosen to file a petition on 23-3-1994 under Section 151 of the Code of Civil Procedure for sending Exhibits A-1 to A-6 filed in the suit to a Handwriting Expert at his cost and permitting him to examine the Hand Writing Expert as a witness on his side. THE Learned counsel appearing for the appellant contends that if the documents are examined by a Hand Writing Expert, it will be seen that the signatures found on those documents are not the signatures of the appellant and the documents are forged. Learned counsel prays for an opportunity to the appellant to prove his case.