S M NARASINGAM Vs. S M SRIDHARAN

JUDGEMENT

(1.) C.R.P.(PD)(MD) No.1460 of 2008 is filed challenging the order dated 25.2.2008 made in I.A.Ho.303 of 2007 in I.A.No.341 of 2006 in O.S."No.394 of 2005 on the file of the I Additional Subordinate Judge, Madurai, wherein the prayer of the third defendant under Order 26 Rule 9 and Section 151 of CPC, for comparing the signatures in the admitted documents to decide the issues involved in the suit regarding the disputed signatures, was rejected.

(2.) C.R.P.(PD)(MD) No.2293 of 2008 is filed challenging the order made in I.A.No.962 of 2007 in I.A.No.491 of 2007 in O.S.No. 394 of 2005, wherein the prayer of the first defendant under Section 151 CPC, for appointing an Advocate Commissioner, in whose presence the examination of the disputed documents were sought to be made by the expert, was rejected.

(3.) ON the basis of the above pleading, the first defendant/petitioner in C.R.P.(PD)(MD) No.2293 of 2008 filed I.A.No.491 of 2006 and the third defendant/petitioner in C.R.P.(PD)(MD) No.1460 of 2008 filed I.A.No.341 of 2006 seeking to appoint an advocate Commissioner for the purpose of sending the disputed documents for comparison and for a obtaining opinion from the Handwriting Expert. The Assistant Director (Documents), Forensic Science Department, Mylapore, Chennai-4, by letter dated 26.12.2006 stated that it is practically not possible to compare and scientifically examine the documents in the Court "to" find out the genuineness of the signatures.