T P MANI Vs. KRISHNAN

JUDGEMENT

(1.) THIS revision petition is filed under Article 227 of the Constitution of India, directed against the order of the Trial Court in I.A.No.453 of 2005 in O.S.No.127 of 1999, filed by the defendants in the suit under Section 75 of the Indian Evidence Act, to refer the alleged sale receipt dated 16.12.1997 along with admitted signatures to a hand writing expert of Forensic Lab in Chennai by appointing a Court Commissioner and the same was dismissed.

(2.) THE respondent has filed the suit for permanent injunction from interfering with the possession of the property, which claim was made, based on a sale receipt stated to have been executed by the petitioners dated 16.12.1997. It is no doubt true that the defendants have filed a written statement denying the execution of such sale receipt dated 16.12.1997. In such circumstances, when the application was filed as stated above for the purpose of referring the signatures in the sale receipt dated 16.12.1997 and comparing the admitted signatures of the defendants, the said application came to be dismissed by the Trial Court on the basis that as per Section 73 of the Indian Evidence Act, the court itself can compare the signatures, when the admitted signatures are filed before the courts. THE Trial Court has also found that when the suit was filed as early as in 1999, the petitioners/defendants have not raised any objection before the Court and therefore, by holding that referring such a document to the experts opinion will only to drag on the proceedings, the application filed by the defendants came to be dismissed.