KRISHTAM SUSHEELA Vs. KHADEERUNNISA

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India, challenging the order in I.A.No.598 of 2024 in O.S.No.02 of 2019 dtd. 24/1/2025 passed by the Principal Civil Judge (Senior Division), Rajampet, dismissing the petition filed under Sec. 45 of Indian Evidence Act and Sec. 151 of C.P.C, 1908.

(2.) I.A.No.598 of 2024 is filed under Sec. 45 of the Indian Evidence Act, 1872 whereunder the petitioners raised a plea of sending Ex.B-1 Registered Sale Deed dtd. 7/11/1984 along with thumb impression obtained from SubRegistrar Office, Kadapa for opinion of handwriting expert for comparison of the same with the signatures of the deceased plaintiff No.1 with her signature available on vakalat and original plaint. The respondent opposed the petition on various grounds. The Court below upon hearing arguments of both sides, observed that, though thumb impression register is available during life time of deceased Plaintiff No.1, she has not evinced any interest to send thumb impression register to technical expert nor she sought for her thumb impressions before the Court to enable the Court to send thumb impression register to technical expert. Moreover, the petitioners have not filed any admitted thumb impressions of the petitioner No.1 to dispute thumb impression register to any finger print expert/ technical expert and at this belated stage, disputing the signatures along with signatures obtained in the open court cannot be referred to handwriting expert for comparison and dismissed I.A.No.598 of 2024.

(3.) Aggrieved by the order passed by the Principal Civil Judge (Senior Division), Rajampeta, the present civil revision petition is filed, mainly on the ground that, such relief can be claimed at any stage of the suit and requested this Court to set-aside the order in I.A.No.598 of 2024 in O.S.No.02 of 2019 dtd. 24/1/2025 passed by the Principal Civil Judge (Senior Division), Rajampet.