P GOPALASAMY Vs. DISHNET WIRELESS LTD

JUDGEMENT

(1.) PLAINTIFF is the revision petitioner. He has filed a suit in O. S. 6850 of 2005 on the file of V Assistant Judge, City Civil Court, Madras, for declaration that the alleged Memorandum of Understanding (Mou) dated 30. 03. 2004 in between the parties to the suit as null and void and for a permanent injunction restraining the defendants from using the alleged Mou for any other purpose.

(2.) THE suit was filed on 14. 10. 2005 against the first defendant company and the second defendant describing as its Managing Director. Vakalat was filed for the second defendant on 25. 10. 2005. Suspecting the signature in the vakalat as not belonging to second defendant and apprehending that the later is attempting to mislead the court, comparison of the signature of second defendant was sought to be made in the signature found in the vakalat. For which purpose, appearance of second defendant in court was prayed for to take his admitted signature. This was prayed in the application filed under section 73 of the Indian Evidence Act.

(3.) IN the said application, the trial court passed the following order: