INDIRA BALASUBRAMANIAM Vs. S SUBASH

JUDGEMENT

(1.) THIS appeal has been preferred under Order 115 of CPC against the order, dated 05.09.2008, made in I.A.No.115 of 2008 in A.S.No.18 of 2008 on the file of the Principal District Judge, Salem.) THIS Revision has been filed by the petitioner against the order passed by the lower Court in I.A.No.115 of 2008 in A.S.No.18 of 2008 dated 5.09.2008.

(2.) THE respondent herein, as plaintiff, had filed the suit in O.S.No,443 of 2002 before the trial Court against the petitioners herein/defendants for recovery of money. THE said suit was dismissed by the trial Court. Against which the respondent/plaintiff has preferred an appeal in A.S.No.18 of 2008 before the first appellate Court. Pending the appeal, the petitioners herein/defendants filed an application in I.A.No.115 of 2008 seeking for appointment of an Advocate Commissioner to send the disputed cheques to the Forensic Science Expert for examination. THE first appellate Court has, after considering the submissions of both sides, dismissed the said application, which necessitated the petitioners to prefer this Revision.

(3.) THE lower Court had considered the case of both the parties and had come to the conclusion of dismissing the petition filed by the petitioners, who sought for sending the disputed documents namely three cheques to the Forensic Science Expert to find out the age of the ink used to fill up the cheques and also age of the ink used for the signature.