NALLAVULA VIJAYA LAKSHMI Vs. BOMMINENI VENKATA RAMANA

JUDGEMENT

(1.) The petitioners herein are the defendants and the respondent herein is the plaintiff in the suit in O.S.No.57 of 2018 on the file of the learned Principal Senior Civil Judge, Ongole, which is filed for recovery of money basing upon the promissory note.

(2.) After demise of the sole defendant/1st respondent, the legal heirs of the deceased defendant filed an application in I.A.No.387 of 2024 in O.S.No.57 of 2018 to send promissory note for expert opinion for comparison with the admitted signatures. The trial Court has dismissed the said application on the ground that the defendants have not filed any contemporary documents.

(3.) Learned counsel for the petitioners relied on the judgment of this Court in Bipili Kesava Rao vs. Raghunath Patnaik,2023 Supreme (Online)(AP) 21984. for the proposition that the document can be sent at the belated stage. But the facts in the said judgment relied by the learned counsel for the petitioner are not applicable to the facts of the present case as the issue before the trial Court is that the defendants have not filed any contemporary documents to compare the signatures of the suit document i.e., Ex.A1 promissory note.