MD TAJUDDIN Vs. MD ABDUL RAHAMAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 29-8-2006 in LA. No.247 of 2006 in O.S. No. 180 of 1992 on the file of the Court of the Junior Civil Judge, Jagtial.

(2.) The 3rd defendant in.the suit is the revision petitioner. The plaintiff/1st respondent herein filed the suit for specific performance of contract on the basis of an acknowledgement deed dated 9-6-1977, executed by defendants 1 to 3 and father of the 4th defendant by name Abdul Gafoor and also their mother Banu Bee in respect of the suit property. The 3rd defendant filed his written statement denying the execution of the document dated 9-6-1977. During the course of evidence, the plaintiff was examined as P.W.I and the suit document dated 9-6-1977 was marked as Ex.Al. It is not in dispute that during the course of cross-examination of P.W.I, a suggestion was given to P.W.I by the Counsel for the 3rd defendant that Ex.Al was not executed by defendants 1 to 3 and father of the 4th defendant. That apart, while deposing as D.W.I, the 3rd defendant has categorically denied his signature on Ex.Al. Thereafter, while the suit was posted for arguments, the plaintiff filed I.A.No.247 of 2006 under Section 45 of the Evidence Act, read with Section 151 of the Code of Civil Procedure, to send the signature of the 3rd defendant on Ex.Al, along with admitted signatures available on vakalat, written statement and specimen signatures in his Account with the State Bank of India, Jagtial Branch, to the handwriting expert, Hyderabad, for comparison. Though the said application was opposed by the 3rd defendant, the Court below by order dated 29-8-2006 allowed the application. Aggrieved by the same, this revision petition is filed by the 3rd defendant.

(3.) I have heard the learned Counsel for both the parties and perused the material on record.