K.KUMAR Vs. SHARMILA

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decreetal order dated 15-07-2019 in I.A.No.6901 of 2018 in O.S.No.3000/2015 on the file of XV Assistant City Civil Judge at Chennai.

(2.) The revision petitioner is a defendant in the suit, who filed the said I.A., before the Court below under Order XVI Rule 2 and 3 (wrongly mentioned as Order 28 Rule 16 read with Section 30 of C.P.C.,) to issue subpoena to the Assistant Director and Documents Expert to bring the report in Document No.115 of 2017 C.R.P.No.2787 of 2019 dated 13.06.2017 and to give evidence in the Court. Since the said application has been rejected on merits by the Court below through the impugned order, challenging the same, the present revision petition has been filed.

(3.) Heard Mr.G.Appavoo, learned counsel for the petitioner, who would submit that, though the report has been sent by the expert and the same has reached the Court in sealed cover, assuming that the report is going to be utilized in the Court as expert opinion, whatever be the opinion, on what basis the said opinion was given, can be elicited from the expert himself and only for the said purpose, the petitioner has filed such application to issue subpoena to the Assistant Director and Documents Expert and through him, if the document is marked as Exhibit, then the defendant will have a chance to cross examine the said Expert and only for the said purpose, the said application has been filed.