ALAGUPILLAI Vs. T V C GANDHI @ PERIYAPIDAN

JUDGEMENT

(1.) The revision petitioner/plaintiff has filed this Civil Revision Petition as against the order dated 12.01.2009 in I.A. No. 735 of 2008 in O.S. No. 167 of 2007 passed by the learned District Munsif, Melur in dismissing the application filed by the revision petitioner under Section 45 of the Indian Evidence Act, praying to get an expert opinion in regard to the thumb impression of the plaintiff available under Ex.B-1, Registered General Power of Attorney Deed.

(2.) The trial Court while passing orders in I.A. No. 735 of 2008 in O.S. No. 167 of 2007 has opined that the revision petitioner very well knew about the existence of the Power Deed, but remained silent till the marking of the same and further without questioning the contents of the Will till filing of the same into Court by the respondent/defendant and since Ex.B-1 refers to the said Will, the petitioner wants to deny the execution of Ex.B-1 and that the present petition is highly belated and appears only to drag on the proceedings and resultantly, dismissed the application without costs.

(3.) The learned Counsel for the revision petitioner urges before this Court that the trial Court has not taken into consideration the fact that in Ex.B-1 Power of Attorney, only the alleged thumb impression of the petitioner is available and therefore, it is necessary that the alleged thumb impression ought to be proved by an expert and even during the enquiry before the Tahsildar, the revision petitioner herein has denied the exeuction of the alleged power. Further, the trial Court has not appreciated the fact that any statement made before the Tahsildar, being an Administrative authority cannot be taken as a binding piece of evidence by a Court of Law and therefore, prays for allowing the Civil Revision Petition in furtherance of substantial cause of justice.