K. NEELA Vs. S. KAVITHA AND OTHER

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the order dated 23.10.2017 passed by the Subordinate Judge, Rasipuram in I.A.No.96 of 2017 in O.S.No.16 of 2012.

(2.) According to the petitioner, the petitioner represented by her Power Agent, filed a suit in O.S.No.34 of 2009 seeking for partition before the District Munsif Court, Namakkal and thereafter transferred to Sub Court, Rasipuram and the same was renumbered as O.S.No.16 of 2012. In the said suit, respondents/first defendants 1 and 2 have filed their written statement on 07.10.2009 and 20.10.2009 respectively. Subsequently, the petitioner filed I.A.No.96 of 2017 in O.S.No.16 of 2012 under Rule 75 of the Civil Rules of Practice and under section 151 of the Code of Civil Procedure before the Court below seeking a direction to summon the Sub Registrar, Mallasamudram for production of document No.2524/2006 dated 10.11.2006 and refer the same to the Handwriting Expert along with Ex. B.4, the Will dated 01.11.2007 for getting opinion for comparison of the signature. The Court below, on 23.10.2017, erroneously dismissed the said application on the ground that the genuineness of Ex. B.4, the Will dated 01.11.2007 has to be proved by the respondents/defendants at the time of trial. Aggrieved by the said order, the present Civil Revision Petition has been filed.

(3.) The learned counsel for the petitioner submitted that the petitioner being the plaintiff, it is necessary to compare the signature found in the Will Ex. B.4, dated 01.11.2007 along with the registered sale deed dated 10.11.2006 registered in document No.2524/2006 under section 45 of the Indian Evidence Act for getting opinion from the Handwriting Expert. Hence, the impugned order passed by the Court below is liable to be set aside.