M ARULSAMY Vs. S JESURAJ

JUDGEMENT

(1.) This Original Side Appeal has been directed against the order dated 12.03.2018, passed in Application No.5610 of 2017 in C.S.No.552 of 2014, by the learned single Judge of this Court.

(2.) The respondent herein, as plaintiff, has filed the suit for recovery of money, in C.S.No.552 of 2014, seeking to direct the appellant/defendant to pay a sum of Rs. 36,90,000/- together with interest at 24% per annum over the principal amount of Rs. 30,00,000/- from the date of the plaint till realisation. In the said suit, the appellant herein/defendant has projected an application in A.No.5610 of 2017, seeking to send the Promissory Note in question, dated 10.09.2012 and Memorandum of Deposit of Title Deeds, dated 109.2012, marked as Exhibit Nos.P1 and P2, in the suit, along with the written statement containing his admitted signature, to the opinion of the handwriting expert.

(3.) The learned single Judge, after considering the divergent contentions raised on either side, referred the signature found in the suit pro-note, dated 10.09.2012, alone to be compared with the admitted signature of the appellant/defendant found in the account opening Form of the appellant/defendant, available with the Syndicate Bank, to the Forensic Department, and directed the handwriting expert to give his opinion as to whether the signature found in the suit promissory note is that of the appellant/defendant or not.