S J V SATHIYANESAN Vs. SAMUEL GNANADHAS

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of the Subordinate Judge, Padmanabhapuram dated 21. 06. 2004 in I. A. No. 140 of 2004 in O. S. No. 7 of 2004, dismissing the Application filed by the Revision petitioner / Defendant to send the disputed Suit Promissory Note for obtaining opinion of the Hand-writing Expert. The Defendant in O. S. No. 7 of 2004 is the revision Petitioner.

(2.) C. M. P. No. 43 of 2004 and V. C. M. P. No. 38 of 2005 came up for hearing before this Court. By consent of both the parties, the main Civil revision Petition itself was taken up for final hearing and disposal.

(3.) AGGRIEVED over the order of dismissal of the Application, the Revision Petitioner / Defendant has preferred this Civil Revision Petition. Learned counsel for the Revision Petitioner has submitted that under Sec. 73 of the Indian Evidence Act, the Court has got the power to compare the disputed signature with that of the admitted signature, better evidence is the opinion of the Handwriting Expert and the Trial Court erred in denying the opportunity to the Defendant to adduce the best evidence. Submitting that only with the assistance of the Expert, the Court can reach the conclusion, learned counsel for the Revision Petitioner has relied upon the decision reported in State (Delhi Administration ). . Vs. . Pali Ram (A. I. R. 1979 S. C. 14 ).