BIPILI KESAVA RAO Vs. SANGADA SESHAGIRI

JUDGEMENT

(1.) In this CRP filed under Article 227 of the Constitution of India the petitioner/defendant challenges the order dtd. 13/9/2023 in I.A. No. 962/2023 in O.S No. 1153/2021 whereunder the trial court dismissed the petition filed by the petitioner U/s 45 of Indian Evident Act to send the suit promissory note to an expert for comparison of the signature thereon with the admitted signatures of the petitioner/defendant on his vakalath and other specimen signatures to be taken in the open Court.

(2.) O.S No. 1153/2021 is a suit for recovery of money filed by the respondent/plaintiff on the strength of promissory note dtd. 11/10/2020 allegedly executed by the defendant. The defendant opposed the suit and in his written statement inter alia contended that the promissory note is a forged one and the plaintiff intentionally created the same for the purpose of harassing the defendant. While so, the impugned order shows that the trial Court dismissed the petition on the following main observations:

(3.) Heard Sri Vijaya Kumar Sata, learned counsel for the petitioner and Sri Sabbavarapu Satish Babu, learned counsel for respondent.