MANICKAM Vs. NIRMALA DEVI

JUDGEMENT

(1.) THE petitioner/first respondent/judgment debtor has filed this Civil Revision Petition as against the order dated 21.7.2009 in E.P.No.81 of 2007 in O.S.No.700/1996 and the consequential auction notice dated 25.8.2009 passed by the learned Principal District Munsif, Erode.

(2.) THE Executing Court, while passing orders in E.P.No.81 of 2007, has, inter alia, come to the conclusion that the plea of the revision petitioner/husband/judgment debtor that he has paid a sum of Rs.25,000/- as lifetime maintenance to the respondent/wife/decree holder has not been proved and rejected the said plea and further ordered for settlement of proclamation in order to determine the value of the execution petition mentioned properties and posted the matter to 04.08.2009.

(3.) HE also cites the decision of this Court in Ammani Ammal V. 1. Dhanalakshmi Bank Limited, Tiruppur and 6 Others 2008 (1) CTC 816 at page 817 wherein it is held as follows:'Though Section 73 empowers Court to compare signatures it would be advisable for Court to refer matter to expert when there is a serious dispute with regard to signature and where signatures are found in many documents and even execution of mortgage deed is in dispute and moreover, signature can be compared with admitted signature available prior in point of time and contemporaneous as lapse of time may result in difference in signature of a person.".