YELAMPALLI MADHUSUDHAN REDDY Vs. JAKKAM LAKSHMI

JUDGEMENT

(1.) This revision petition is directed against the order, dated 19.11.2019 in I.A.No.828 of 2019 in O.S.No.44 of 2018, on the file of the Court of the II Additional Senior Civil Judge, Nandyal, dismissing the application filed under Section 45 of the Indian Evidence Act and Section 151 of Code of Civil Procedure to send the suit pronote/Ex.A.1 to the handwriting expert for comparing with the admitted signatures to be obtained in the open court.

(2.) The facts of the case are that the defendant is the revision petitioner. The plaintiff filed a suit for recovery of amount on the basis of promissory note, dated 26.06.2013. The defendant filed written statement denying the averments of the plaint and pleaded that the suit promissory note is a rank forged one and created for wrongful gain. The defendant filed I.A.No.828 of 2019 under Section 45 of Indian Evidence Act to send the disputed promissory note/Ex.A.1 to handwriting expert for comparison, examination of signatures of the petitioner and for his opinion. The said application was opposed by the plaintiff stating that they had already adduced evidence to prove the suit pronote by examining the attestor and the scribe and therefore the application filed at the belated stage cannot be entertained. The Court below by order, dated 19.11.2019 after hearing both the parties dismissed I.A.No.828 of 2019, which is under challenge in this revision petition.

(3.) Heard the learned counsel for both the parties and perused the material on record.