M GOVINDARAJ Vs. V NALLASIVAN

JUDGEMENT

(1.) THE Civil Revision Petition is directed against the fair and decretal order dated 7.8.2006 passed in I.A. No.6415 of 2006 in O.S. No.7078 of 1998 on the file of the XIV Assistant City Civil Judge, Chennai.

(2.) BRIEF facts leading to the Civil Revision Petition are as follows:The plaintiff is the petitioner. He filed a Suit for the grant of a decree for recovery of Rs.2,00,000/- by way of damages from the defendant. It is the case of the plaintiff that the defendant has suppressed the fact of his earlier marriage, a divorcee, an impotent and married his daughter by cheating them as if he was a bachelor and due to which, the petitioner was put to mental agony. Pending disposal of the Suit, the petitioner filed I.A. No.6415 of 2006, seeking permission to take subpoena for the opinion from the Forensic Laboratory with regard to tampering of date in Ex.B2 and to file a report, as part of evidence in the above said Suit.

(3.) THE respondent has further submitted that when the petitioner has filed an Application in I.A. No.864 of 2006, alleging that the defendant had meddled and tampered the date mentioned in Ex.B2, the lower Court, taking note of the facts and circumstances of the case, dismissed the said I.A., and there was no observation in the order, permitting the petitioner to submit an Application separately to establish the fact of tampering by the defendant in relation to Ex.B2 and to take out steps to get the opinion from the Forensic Laboratory. THE respondent has further submitted that the original of Ex.B2 was lost and only a copy of the same was marked as Ex.B2 in the above Suit, without any objection by the plaintiff. THE Application to take subpoena for obtaining the opinion from the Forensic Laboratory with regard to tampering of date mentioned in Ex.B2 and to file a report is unnecessary and it will not in any away help the Court to resolve the dispute and hence prayed for dismissal of the Application.