VAJJALA SREE RAMA MURTHY Vs. TADEPALLI NARAYANA MURTHY

JUDGEMENT

(1.) These two revisions are filed by the same petitioners assailing the orders passed by the Court of Senior Civil Judge, Avanigadda rejecting the applications filed under Sections 45 of the Indian Evidence Act.

(2.) The respondent filed O.S.Nos.49 and 50 of 2002 in the Court of Senior Civil Judge, Avanigadda against the petitioners, for recovery of amounts on the basis of certain promissory notes. The trial of the suit commenced and the recording of evidence is said to have been completed. At that stage, the petitioners filed I.A. Nos. 40 and41 of 2006 under Section 45 of the Evidence Act with a prayer to send the document to the Forgery Detection Cell, Indian Security Press, Nasik inviting an opinion as to the date and year of manufacture or printing of the stamps on the promissory notes. The applications were opposed by the respondent. The trial Court dismissed the said applications through separate orders dated 10-3-2006. Hence, these revisions.

(3.) Sri P.R. Prasad, the learned counsel for the petitioners submit that though his client admitted the signatures of the promissory notes, the took a specific plea that the signatures were obtained by coercion in the year 2002 and the same can be proved, in case the date of manufacture and release of the stamps affixed on the promissory notes is ascertained. He submits that the dismissal of the applications, cannot be sustained in law.