NIMMAGADDA PADMANABHA RAO Vs. KOSARAJU SATYAVATHI

JUDGEMENT

(1.) The respondent filed O.S. No. 170 of 1996, in the Court of Additional Senior Civil Judge, Vijayawada, against the petitioner, for recovery of a sum of Rs.3,22,483/-, on the strength of a promissory note. The trial of the suit commenced, and the cross-examination of the petitioner herein was also completed. At that stage, the petitioner filed I. A. No. 1171 of 2004, with a prayer to send the promissory note to an expert, for opinion. The trial Court dismissed the application, through its order dated 6-12-2004. Hence, this C.R.P.

(2.) Learned counsel for the petitioner submits that the trial court dismissed the I.A., only on the ground that it was filed at a belated stage. Placing reliance upon the judgment of this Court in Medikonda Rama Swarajyalakshmi v. Posina Sathyanarayana, he submits that the delay by itself, cannot constitute the basis for dismissal of such an application. He also contends that the comparison of the signature on the promissory note, with admitted signature of the petitioner would help the court, in arriving at its appropriate conclusion.

(3.) Learned counsel forthe respondent, on the other hand, submits that the petitioner did not take any steps for about 8 years, from the date of filing of the suit, and only at the closure of evidence, he has come forward with the present application, with a view to protract the litigation. He contends that even now the petitioner did not indicate the signature, with which the signature on the promissory note is to be compared.