S. HARSHAVARDHAN REDDY Vs. VEMULA RAM REDDY

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of order dated 10 -6 -2014 in I.A. No. 1075 of 2013 in O.S. No. 633 of 2007 on the file of the learned IV Additional District Judge, Ranga Reddy District, at L.B. Nagar.

(2.) THE petitioner filed the above mentioned suit for specific performance of agreement of sale. The respondent filed a written statement wherein he has admitted the execution of agreement of sale and also receipt of monies under Exs. A -3 to A -5. However, the respondent has specifically denied receipt of Rs. 15 lakhs on 31 -10 -2013 in respect of which the petitioner has filed the receipt marked as Ex. A -2. The petitioner has let in oral evidence and after closure of the evidence on his side, the evidence of the respondent/defendant was also let in and the same was closed. At that stage, the petitioner filed I.A. No. 1075 of 2013 under Section 45 of the Indian Evidence Act, 1872 (for short "the Act") for sending Exs. A -1 to A -7 documents to handwriting expert. The said application was dismissed by the lower Court.

(3.) SRI M. Rajamalla Reddy, learned counsel for the petitioner, placed reliance on the Judgment of this Court in Chityalgundameede Ramalakshmamma vs. Ediga Rangamma (died) by L.Rs. : 2012 (6) ALT 755 in support of his submission that an application for sending the document to handwriting expert for opinion can be made after closing of evidence.