V VIJAYALAKSHMI Vs. D ANNALAKSHMI

JUDGEMENT

(1.) The application against which the present Civil Revision Petition has been filed is an order rejecting the petitioner's request for seeking the signatures of Ex.A.1 for comparison by the handwriting expert under Order 26 Rule 10 (A) of Code of Civil Procedure. The said application has been filed during the pendency of the first appeal.

(2.) The original suit in O.S.No.25 of 2010 has been filed seeking for a decree of specific performance of sale agreement dated 29.08.2007. The case of the respondent herein is that the petitioner herein has executed the sale agreement on 29.08.2007, agreeing to sell the suit property for a valid sale consideration. The petitioner herein had filed a written statement stating that the respondent herein is a money londer, who had advanced a hand loan of Rs. 50,000/-, at which point of time, she had obtained her signatures in blank papers as well as certain stamp papers. In the written statement, she had also alleged that the sale agreement was forged. Subsequently, the suit came to be decreed on 25.02012 as against which, the petitioner herein had preferred an appeal in A.S.No.55 of 2013. After more than four years, the petitioner herein had filed an application in I.A.No.25 of 2017, seeking for sending the sale agreement Exhibit A1 to the handwriting expert for comparison of the signature in the sale agreement with certain admitted signature. The reason adduced in the said application is that the agreement is dated 29.08.2007 and the endorsement made therein have been fabricated and that the petitioner herein had never signed or executed the documents as well as the endorsement.

(3.) Mr.A.Palaniappan, learned counsel for the petitioner submitted that the petitioner herein had raised a specific plea in her written statement that her signature was forged and that the written statement, since was drafted before the Moffusil Court, requires to be construed liberally, for which purpose he placed reliance on the two Judgments of the Hon'ble Apex Court (Des Raj and Others Vs. Bhagat Ram (Dead) by Lrs. and Others., (2007) 9 SCC 641) and (Narain Prasad Aggarwal (Dead) by Lrs. Vs. State of Madhya Pradesh, (2007) 11 SCC 736).