NALNARU SHANMUGAM Vs. NALNARU NARAYANAIAH

JUDGEMENT

(1.) This Civil Revision Petition arises out of order, dated 05.07.2012, in I.A.No.685 of 2012 in O.S.No.503 of 2011 on the file of the Principal Senior Civil Judge, Tirupati.

(2.) The respondent filed the above-mentioned suit for recovery of money on the foot of a promissory note marked as Ex.A1. After the trial was completed and the suit was posted for arguments, the petitioner has come out with the above- mentioned I.A. under Section 45 of the Indian Evidence Act, 1872, (for short 'the Act') read with Section 151 of CPC for sending the suit promissory note- Ex.A1 and also Ex.B1, a Medical Certificate, for comparison with his signatures available in Vakalath and written statement filed in the suit. This application was dismissed by the lower Court by the order under revision.

(3.) At the hearing, Mr. S. Lakshminarayana Reddy, learned counsel for Mr. R. Chandra Reddy, learned counsel for the petitioner, submitted that the main ground on which the application was dismissed by the lower Court, namely, that the same is belated, cannot be sustained. He has also submitted that the lower Court has given conclusive findings even before the arguments were concluded and that the same cannot be sustained.