BALAMURUGAN Vs. VALARMATHI

JUDGEMENT

(1.) THIS Memorandum of Civil Revision has been directed against the fair and decretal Order dated 18.4.2012 and made in I.A. No.633 of 2010 in O.S. No, 148 of 2010 on the file of the learned Subordinate Judge, Mettur.

(2.) THE Revision Petitioner herein is the Defendant; whereas the Respondent is the Plaintiff in the Suit in O.S. No. 148 of 2010.

(3.) IT appears from the records that the Respondent, being the Plaintiff, has filed the above Suit as against the Revision Petitioner for recovery of a sum of 3,37,'775 along with the interest at the rate of 12% p.a. on a Demand Promissory' Note said to have been executed by the Revision Petitioner in favour of the Respondent/Plaintiff on 12.9.2009. This Suit was contested by the Revision Petitioner by filing his Written Statement. Even prior to his filing of Written Statement, the Revision Petitioner had taken out an Application in I.A. No.633 of 2010 under Section 45 of the Indian Evidence Act, to send the disputed Pro -'Note to get the Expert's opinion with regard to the signature and thumb impression found place in the said Pro -Note after comparing the same with the admitted signature and the thumb impression. This Petition was contested by the Respondent/Plaintiff.