P SESHAGIRI RAO Vs. P SOMA SEKHAR RAO

JUDGEMENT

(1.) This civil revision petition arises out of order, dated 28.09.2011, in I. A. No. 79 of 2011, in O. S. No. 37 of 2003, on the file of the learned Judge, Family Court, Secunderabad.

(2.) The petitioners filed the suit against the respondents for declaration of their title and also for cancellation of the judgment and decree, dated 12.07.2002, in O. S. No. 1203 of 2001, on the file of the learned XI Additional Junior Civil Judge, Secunderabad and for consequential injunction. The evidence has commenced in the year 2008. The respondents have confronted petitioner No. 1, who was examined as PW. 1 with Exs. B5 and B6, which were the purported receipts issued by the petitioners. After closure of the evidence on the petitioners' side and during the course of evidence of the respondents' side, Ex. B10 was marked through the chief examination of DW. 2 in June, 2010. The petitioners filed I. A. No. 79 of 2011 for sending Exs. B5, B6 and B10 for the opinion of an expert as to the genuineness of the contents of Exs. B5 and B6 and the signatures on Ex. B10. The respondents have resisted the said application. The Court below on considering the respective pleadings and the material on record dismissed the said application.

(3.) A perusal of the order of the Court below would show that the application was dismissed on three grounds, namely, that the same was filed at a belated stage, that in the plaint, the petitioners have not denied the signatures on the receipts and that PW. 1 during his cross-examination admitted the signatures but denied the contents thereof and hence the burden is on the petitioners to prove that they have never received any amounts under those receipts.