K. RAMU Vs. PONNURANGAM

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 11.12.2012 made in I.A.No.740 of 2012 in I.A.No.386 of 2011 in O.S.No.205 of 2009 on the file of the III Additional District Court, Thiruvallur at Poonamallee.

(2.) The petitioner is defendant and respondent is the plaintiff in O.S.No.205 of 2009 on the file of the III Additional District Court, Thiruvallur at Poonamallee. The respondent filed the said suit for recovery of a sum of Rs. 10,26,800/- based on the promissory note dated 27.12.2006 together with interest at 24% per annum on a principal amount of Rs. 6,00,000/- from the date of the plaint to till the date of realization of entire amount. The respondent filed application in I.A.No.149 of 2010 for attachment before judgment. The notice sent to the petitioner in I.A.No.149 of 2010 and suit summons were served on the petitioner. The petitioner was set exparte in the suit and I.A.No.149 of 2010 and attachment order was passed on 18.06.2010 and the said petition was allowed on 21.07.2010. Subsequently, the petitioner filed application to set aside the exparte order in the suit and also in I.A. Exparte order in the suit was set aside. The petitioner filed written statement and trial of the suit commenced. P.W.1 was examined in part.

(3.) At this stage, the petitioner filed present I.A.No.740 of 2012 of 2011 under Order 26, Rule 10(a) read with section 151 of C.P.C to get expert opinion from the hand writing expert about the alleged disputed signature of the petitioner with the admitted signature of the petitioner and for report. According to the petitioner, the present I.A is filed to send the signature found in the acknowledgement in the notice sent in I.A.No.149 of 2010 filed for attachment before judgment for comparison with his admitted signature in the written statement. He has vacated the premises to which notice was sent in I.A.No.149 of 2010 and hence, he did not receive notice and did not sign in the acknowledgement.