M. VEERARAGHAVAN Vs. SYNDICATE BANK

JUDGEMENT

(1.) The revision petition arises against the Fair and Decreetal Order dated 12.12.2017 passed in I.A.No.3925 of 2017 in O.S.No.2728 of 2011, on the file of the XVIII Assistant City Civil Court at Chennai.

(2.) The 1st respondent filed a suit in O.S. No. 2728 of 2011 seeking recovery of money against the petitioner. Written statement was filed by the petitioner denying the entire loan and disputing his signature. Pending the above suit, the petitioner filed an application to appoint an Advocate Commissioner to carry his signature for forensic science department for comparing the signature in the documents filed by the Bank along with his admitted signatures. The said application was allowed by the court below. However, the petitioner was not able to collect the documents of the period 2004 to 2006 as directed by the court below and hence the aforesaid application was closed. Subsequently, the petitioner collected various documents and filed I.A. No.3925 of 2017 under Order 8, Rule 1-A of CPC seeking to receive the petition mentioned documents for being sent to the Forensic Department, for comparison with his disputed signature in the General Agreement dated 30.12.2006. The court below dismissed the aforesaid application holding that the petitioner is not entitled to get any relief at that stage.

(3.) The learned counsel for the petitioner would submit that the petitioner denies the signature in the disputed documents of the bank and to prove the same, the instant application was filed, relying upon certain documents. Without considering the same, the court below has dismissed the application and hence the present revision petition is filed by the petitioner before this Court.