K MARIAPPAN Vs. M P KUMARASAMY

JUDGEMENT

(1.) THE revision petitioner/petitioner/plaintiff has filed the present revision petition as against the order dated 20. 6. 2008 passed in I. A. No. 24 of 2008 in O. S. No. 53 of 2004 by Principal Subordinate Judge,gobichettipalayam, in dismissing the application filed by the revision petitioner/petitioner/plaintiff under Section 151 of CPC praying permission of the Court to mark the Expert's report on the side of the plaintiff.

(2.) THE trial Court, while dismissing the said Interlocutory application,has inter alia opined that on the side of the revision petitioner/ petitioner/ plaintiff already witnesses were examined and that the revision petitioner/petitioner/plaintiff has not filed any application to recall the plaintiff and further the matter is posted for arguments from 7. 1. 2008 and has resultantly dismissed the application.

(3.) THE learned counsel appearing for the revision petitioner contends that the order of the trial Court passed in I. A. No. 24 of 2008 in O. S. No. 53 of 2004 is based on assumptions and surmises and that the said order is opposed to the facts of the case and all probabilities of evidence and when the respondent/defendant has denied the execution of the promissory note then the burden is on the revision petitioner/plaintiff to prove that the signature found on the promissory note is that of the respondent/defendant and therefore prays for allowing this revision petition.