RENU DEVI KEDIA Vs. SEETHA DEVI

JUDGEMENT

(1.) This civil revision petition is directed against the Order dated 25-6-2004 passed in LA. No.797 of 2004 in O.S. No.241 of 1998 on the file of IV Senior Civil Judge, City Civil Court, Hyderabad, by which the learned Senior Civil Judge dismissed the application filed under Section 45 of the Evidence Act.

(2.) Petitioner is the defendant and the respondent is the plaintiff in O.S. No.241 of 1998. The plaintiff filed the suit for specific performance of agreement of sale dated 20-3-1995 (Ex.A-2). The defendant filed written statement disputing the agreement of sale. The defendant filed I.A. No.797 of 2004 under Section 45 of the Evidence Act to send Ex.A-2 agreement of sale and receipt dated 20-3-1995 to handwriting expert. The respondent-plaintiff filed counter resisting the said application. The learned Senior Civil Judge, on hearing the Counsel for the parties and on considering the material on record, dismissed the application by Order dated 25-6-2004. Assailing the said Order, the defendant filed the civil revision petition.

(3.) The learned Counsel for the petitioner-defendant submits that the petitioner-defendant disputed the agreement of sale and took the plea of forgery and therefore, the disputed signatures appearing on agreement of sale and receipt dated 20-3-1995 are required to be examined by handwriting expert for his opinion. He further submits that the opinion of the handwriting expert helps the Court in coming to right conclusion in resolving the issues.