CHITYALGUNDAMEEDE RAMALAKSHMAMMA Vs. EDIGA RANGAMMA

JUDGEMENT

(1.) Feeling aggrieved by Order, dated 19-12-2011, in IA.No.870 of 2011 in OS.No.349 of 2008, on the file of the Court of the learned Principal Junior Civil Judge, Dhone, Kurnool District, the defendant in the suit filed this Civil Revision Petition.

(2.) Heard Sri U.Ramanjaneyulyu, learned Counsel for the petitioner, and Sri K.Sitaram, learned Counsel for the respondents.

(3.) The respondents filed the above-mentioned suit for specific performance of agreement of sale, dated 17-05-2003. In her written statement, the petitioner has taken the plea that the suit document marked as Ex.A.1 is a rank forgery and that the thumb impressions on the said document are not of her. After completion of the oral evidence on the plaintiff's side, the petitioner has filed IA.No.870 of 2011 under Order XXVI Rule 10 (A) and Section 45 of the Indian Evidence Act, 1872, seeking sending of Ex.A.1- agreement of sale to the Forensic and Handwriting Expert for an opinion on the genuineness of the thumb impressions thereon after comparing with the specimen left thumb impression of the petitioner. This application was dismissed by the Court below on the sole ground that it is belated.