K KARTHIKEYAN Vs. S MOHAN

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 17.03.2008 passed by the learned I Additional Subordinate Judge, Gobichettipalayam in I.A.No.167 of 2007 in O.S.No,403 of 2002, this civil revision petition is focussed.

(2.) HEARD both sides.

(3.) I could see considerable force in the submission made by the learned counsel for the petitioner and in those circumstances, the Court should not have dismissed the application. However, I would like to observe the following for the guidance of the petitioner as well as the lower Court. Whenever an impugned signature or handwriting is sent for expert opinion, the anti litum motem writing/signature should also be made available before the lower Court and the lower Court should send it to the expert as per law for being compared. Hence I direct the petitioner to secure at the first instance the anti litum motem signature of the petitioner before the Court, whereupon, the lower Court shall appoint an Advocate Commissioner for the following purpose.