ABDUL GAFOOR Vs. R. GOVINDA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed by petitioner/plaintiff under article 227 of the Constitution of India against the orders passed by the learned Principal Senior Civil Judge, Kadapa in I.A. No. 1690 of 2017 in O.S. No. 214 of 2005 dtd. 27/1/2017, wherein and whereby learned Trial Judge dismissed the petition filed by the petitioners/plaintiff under Sec. 45 of Indian Evidence Act read with Sec. 151 of Civil Procedure Code refused to send agreement of sale dtd. 31/1/1996 to the Hand Writing Expert, AP State Forensic Science Laboratory, Hyderabad to compare the signatures and thumb impressions contained in it with the admitted signatures of D5 and thumb impressions of D3 by taking their signatures and thumb impressions in open Court and for submission of the report.

(2.) The case of the petitioner/plaintiff before the Trial Court in brief is that he filed suit against respondent seeking relief of specific performance of a contract basing on agreement of sale dtd. 14/3/1996, executed by R1 in his favour who inturn got an agreement of sale in his favour dtd. 31/1/1996 executed by R2 to R5 in respect of suit schedule property. It is the contention of the petitioner that R2 to R5 have denied the execution of agreement of sale dtd. 31/1/1996 executed in favour of R1 and they have also denied the execution of agreement of sale dtd. 14/3/1996 stating that signatures in both documents are forged. He submits that in view of defence taken by the respondents in this suit, it has become necessary for him to file a petition to send agreement of sale dtd. 31/1/1996 along with hand writing and thumb impressions of R5/R3 to Hand Writing Expert for comparison by taking their thumb impressions and signatures in Open Court.

(3.) The respondents have filed counter before Trial Court denying averments in the affidavit of the petitioner. It is the contention of the respondents that the petitioner came up with a petition at belated stage though they filed written statement denying their signatures and thumb impressions in the agreement of sale dtd. 31/1/1996. They submit that Ex.A2, agreement of sale dtd. 31/1/1996, petitioner is not a party and reasons for seeking expert opinion are not tenable. They prays to dismiss the petition.