T VENKAT SWAMY Vs. AGIRU PULLAIAH

JUDGEMENT

(1.) The revision is filed against the order in I.A.No.107 of 2012 in O.S.No.16 of 2010 on the file of the Junior Civil Judge at Kollapur.

(2.) The revision petitioner is the defendant. The suit was filed for recovery of money on the basis of a promissory note. The trial of the case was completed and the matter is coming for arguments. At that stage, the present application is filed for sending the suit document to the expert. The Court below has dismissed the application finding that the Court itself can compare signature under Section 73 of the Indian Evidence Act.

(3.) Naturally, delay in filing an application for expert is a good ground for rejection of the same. So also the comparison of the signatures by the Court itself is not generally warranted and unless there is expertise in comparison of the signatures, it cannot be resorted to. When such comparison is to be made, generally it shall be with the assistance. But, however, in this case, when there is oral evidence available on record, the Court may not be justified in intention to resort to comparison.