JAYARAMAN Vs. LIMICHAND

JUDGEMENT

(1.) ANIM-adverting upon the order dated 27.2.2008 passed in I.A.No,8 of 2008 in O.S.No,32 of 2007 by the Subordinate Judge, Mannargudi, this civil revision petition is filed.

(2.) A 'resume' of facts which are absolutely necessary and germane for the disposal of this civil revision petition would run thus: The respondent, as plaintiff, filed the suit O.S.No,32 of 2007 for specific performance of an agreement to sell. The respondent/plaintiff adduced evidence and closed his side. The petitioners/defendants, on entering upon their defence, filed an application I.A.No,8 of 2008 for sending the disputed endorsements and signatures on the agreement to sell to the expert for obtaining opinion, as according to them those endorsements and signatures are not that of theirs and they were not the author of the same. The sub Court dismissed the said application on the sole ground that the Court itself, as per Section 73 of the Indian Evidence Act can compare the disputed signatures with the admitted signatures. Being dissatisfied with and aggrieved by the said order this civil revision petition has been filed on various grounds.

(3.) WHEREAS, the learned counsel for the petitioners/defendants would invite the attention of this Court to the decision of the Honourable Apex Court reported in 2007(2) CTC 364 - Kalyani Baskar vs. M.S. Sampoornam and develop his argument that as per the view of the Honourable Apex Court, it is just and necessary to send the disputed signatures for expert opinion.