KAVETI SARADA Vs. VEMINENI HYMAVATHI

JUDGEMENT

(1.) This revision petition is directed against the order dated 3-8-2004 in I.A. No.743/2003 in O.S. No.235/2000 on the file of the court of the Additional Senior Civil Judge, Nellore dismissing the application filed under Order26 Rule 10 of the Code of Civil Procedure r/w Section 45 of the Indian Evidence Act to send the suit pronote, Ex.A-1, to the handwriting expert for comparing with the admitted signatures in the vakalat, written statement etc.

(2.) The facts in brief are as under: Defendant is the revision petitioner. The plaintiff-respondent filed O.S. No.235/2000 for recovery of a sum of Rs.2,48,000/- on the basis of a pronote dated10-12-1998. The defendant contested the suit claim contending that the suit pronote dated 10-12-1998 was a forged document.

(3.) In support of suit claim, the plaintiff got herself examined as P.W.1 and also examined P.W.2 and P.W.3 who are the attestor and scribe respectively of Ex.A-1 pronote. At that stage, the defendant filed I.A. No.743/2003 under Order 26 Rule 10, CPC r/w Section 45 of the Indian Evidence Act (for short the "Act") with a prayer to send Ex.A-1, pronote to the hand-writing expert (Forensic Laboratory, Red Hills, Hyderabad) for comparing the signature thereon with her admitted signatures in the vakalat, written statement, deposition etc. The said application was opposed by the plaintiff stating that she had already adduced the evidence to prove the suit pronote by examining the attestor and the scribe and therefore the application filed at the belated stage cannot be maintained. The court below by order dated 3-8-2004 after hearing both the parties dismissed I.A. No.743/2003, which is under challenge in this revision petition.