T.A. NARASIMHAN Vs. NARAYANA CHETTIAR AND ANR.

JUDGEMENT

(1.) This revision petition arises out of an application filed by the defendant for sending two documents to the handwriting expert Mr. Dixit of Nagpur or Mr. Mahajan of Bangalore for ascertaining their opinion about the genuineness of the disputed signatures.

(2.) The plaintiff -respondent has filed a suit to recover a sum of Rs. 10,000 and odd due on a mortgage executed by the defendant in favour of the plaintiffs' deceased father. The defendant is resisting the suit on the ground that the entire mortgage debt had been discharged and in support of that plea he has relied upon two documents : (1) A receipt, dated 30th March, 1954, alleged to have been passed in his favour acknowledging the payment of Rs. 10,000 and odd; and (ii) the letter, dated 9th December, 1955, written to him evidencing this plea of discharge.

(3.) As the genuineness of the signatures in the documents was disputed the defendant at an earlier stage filed Interlocutory Application No. 248 of 1964, for obtaining the opinion of the handwriting expert. The Court then sent the two documents to one Bhanagay of Nagpur, who has sent his report, which it is represented, is against the defendant. At that time one affidavit containing the admitted signature of the plaintiff's father was sent for comparison and the expert had reported that the disputed signatures did not tally with or resemble the admitted signature.