M G PERIASAMY Vs. MUTHUSAMY

JUDGEMENT

(1.) THE revision petitioner/plaintiff has filed the present civil revision petition aggrieved against the order dated 11. 09. 2007 in I. A. No. 63 of 2007 in O. S. No. 168 of 2006 passed by the learned Principal District Munsif Court, Bhavani in allowing the application filed by the respondent/defendant under Section 45 of the Indian Evidence Act.

(2.) THE trial Court while allowing the I. A. No. 63 of 2007 filed by the respondent/defendant praying permission of the Court to compare the signature of the defendant in pronote with that of the mortgage deed dated 22. 08. 1986, registered as Document No. 1658/1986 by sending the same to the handwriting expert Tmt. C. V. Jayadevi, Advocate, Hand Writing and Finger Print Expert, Bangalore and to obtain report thereto.

(3.) IN the written statement filed by the respondent/defendant at para 6, it is inter alia averred that the petitioner/plaintiff has been conducting auction chit and in the 11th auction the defendant has bid a sum of Rs. 68,000/- in 2001 and the revision petitioner/plaintiff has paid only a sum of Rs. 25,000/- towards the said auction amount of Rs. 68,000/- and at that time the revision petitioner/plaintiff has obtained the signature of the respondent/defendant in the blank pronote and also the thump impression etc.