THUMU SRIKANTH Vs. AKULA BABU

JUDGEMENT

(1.) The dismissal of the petition in LA. No. 922 of 2007 in O.S. No. 192 of 2006 on the file of the Junior Civil Judge's Court, Gajwel by the order dated 15-12-2009 led the unsuccessful petitioner/plaintiff to file the present revision.

(2.) The petition was filed requesting to obtain the signatures and thumb impressions of the plaintiff and the defendant in the presence of their counsel in open Court and to get them examined and compared by the Regional Forensic Science Laboratory, Hyderabad along with the signatures and thumb impressions in the sale deed document No. 2505/2005, registered on 25-04-2005. The petitioner/plaintiff contended that the suit property was purchased by him under the document in question from the defendant, the original document having been filed along with the suit. The defendant pleaded the said document to be sham, fabricated and created by impersonating the defendant and by forging his signature. In view of the said defence arose the request of the petitioner/plaintiff.

(3.) The defendant resisted the request contending that the alleged sale deed is a fabricated document and even if the registered sale deed is proved to have been executed by him, still the suit is not maintainable. The defendant pleaded that sending of a document for an opinion of the expert is in the discretion of the Court and the Court itself can look into the document.