MANDAVA RATNA GIRI RAO Vs. MANDAVA SUGUNAVATHI

JUDGEMENT

(1.) This revision petition is filed by the plaintiff against the order dtd. 1/2/2018 in I.A.No.60 of 2018 in O.S.No.10 of 2010 on the file of the court of learned Senior Civil Judge, Avanigadda, which was filed under Order 16 Rule 1 CPC to summon the witness.

(2.) The suit is filed for specific performance of an agreement of sale, which is denied by the respondent/defendant. The plaintiff filed the petition to summon the expert as a witness on his behalf to speak the contents of the report, since a report was submitted by the expert on examination of the disputed signatures as per the directions of the said Court in I.A.No.309 of 2010 and as per the report of the expert, the disputed signature is found to be that of the defendant.

(3.) The petition was opposed by the respondent/defendant by filing a counter stating that it is well established principle of law that the evidence of a hand writing expert is not conclusive and that the expert gave his opinion in the month of April, 2013, but after lapse of more than four years, this petition was filed to drag on the matter.