LAKSHMI AND ANR. Vs. GAJENDRAN AND ORS.

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 20.11.2014 made in I.A.No.385 of 2014 in O.S.No.31 of 2005 on the file of the District Munsif Court, Madurantagam.

(2.) The petitioners are defendants 1 and 2, respondents 1 and 2 are the plaintiffs and third respondent is third defendant in O.S.No.31 of 2005 on the file of the District Munsif Court, Madurantagam. The respondents 1 and 2 filed suit for declaration of title and permanent injunction. After contest, the said suit was decreed. Against the said judgment and decree, the petitioners filed A.S.No.28 of 2010. In the first appeal, the petitioners filed additional document i.e. Koor chit dated 14.02.1968 and marking of the same was objected by the respondents 1 and 2 on the ground that the signature contained in the koor chit is not that of their father and to prove the said contention, the respondents 1 and 2 filed service register of their father dated 31.12.1977 containing signature of their father. The learned Appellate Judge marked both the documents i.e., koor chit dated 14.02.1968 as Ex.B4 and service register dated 31.12.1977 as Ex.A15. After hearing the appeal, the learned Appellate Judge remanded the matter for fresh trial.

(3.) The second respondent filed I.A.No.385 of 2014 under Order 26, Rule 10A of C.P.C., for obtaining handwriting expert's opinion with regard to the disputed signature of his father in the koor chit dated 14.02.1968, which was marked as Ex.B4 with the admitted signature of his father contained in the service register dated 31.12.1977, which was marked as Ex.A15. The petitioners opposed the said application on the ground that Ex.B4 is dated 14.02.1968, while Ex.A15 is dated 31.12.1977, which shows that there is nine years difference between these two documents and prayed for dismissal of the application. The learned Judge allowed the application on the ground that obtaining opinion from the handwriting expert will assist the Court to decide the issue.