IRRVICHETTY DHANALAKSHMI Vs. GUTTA NAGARAJA

JUDGEMENT

(1.) C.R.P.No.1310 has been filed by the petitioner/defendant challenging the docket order dtd. 9/1/2024 passed in I.A.No.636 of 2022 in O.S.No.307 of 2018 on the file of the learned Principal Senior Civil Judge, Tirupati, whereby the petition filed under Order XVI Rules 1 and 7 read with Order XIII Rule 10 and Sec. 151 of the Code of Civil Procedure, 1908 (for short, 'CPC'), seeking production of certain documents from the Bank of Baroda, Annamaiah Circle Branch, AIR Bypass Road, Tirupati, was dismissed.

(2.) C.R.P.No.1332 has been filed by the petitioner/defendant challenging the order dtd. 9/1/2024 passed in I.A.No.635 of 2022 in O.S.No.307 of 2018 on the file of the learned Principal Senior Civil Judge, Tirupati, whereby the petition filed under Sec. 45 of the Indian Evidence Act, 1872 read with Sec. 151 of the Code of Civil Procedure, 1908, seeking to send the disputed signatures along with the admitted signatures to a handwriting expert for comparison, was dismissed.

(3.) The brief facts of the case are that the respondent/plaintiff filed O.S.No.307 of 2018 for recovery of an amount under Ex.A1- promissory note allegedly executed by the revision petitioner/defendant on 2/2/2017 for a sum of Rs.4,00,000.00. The revision petitioner/defendant filed a written statement contending that the plaint is concocted and based on a forged and fabricated promissory note, i.e., Ex.A1, which was created through the kith and kin of the plaintiff in order to counter the suit filed by him in O.S.No.62 of 2018 on the file of the learned Additional Senior Civil Judge, Tirupati, for recovery of money against the plaintiff and his wife, Smt. G. Gunasundari. It is alleged that to overcome the said suit, the present suit was filed.