S N VIJAYAKUMAR Vs. S R VELUSAMY

JUDGEMENT

(1.) THE revision petitioner is the defendant who failed before the trial Court in I. A. No. 292 of 1999 to obtain an order to send the disputed document to the Handwriting Expert for comparison of the signatures and to submit a report. He has come forward with this petition challenging the legality of the said order in the Interlocutory Application dated 07. 12. 2003.

(2.) HEARD both sides. The only point for consideration is whether the trial Court has to exercise its power under Section 73 of the Indian Evidence Act to compare the signature in the disputed document with that of the signatures in the admitted documents before ever the document is sent to the hand writing expert for comparison.

(3.) THE provision under Section 73 of the Indian Evidence Act reads as follows: