POLURU SREENIVASULU Vs. GAJULU SRAVAN KUMAR

JUDGEMENT

(1.) 2014 by order dated 18.08.2016 by the Court of VII Additional District Judge, Gudur, the petitioner, who is defendant in the suit, has invoked the revisional jurisdiction of this court under Art. 227 of the constitution of India.

(2.) Plaintiff, who is the respondent herein, filed the suit viz., O.S. No. 125 of 2014 for recovery of a sum of Rs.7 lakhs with interest alleged to be based on a promissory note dated 26.12.2009. In the written statement filed by the defendant/petitioner, a specific plea of alteration of the promissory note by the figure 'one' into 'seven' was taken. Defendant/petitioner filed the impugned I.A. No.194 of 2015 by invoking Sec. 45 of the Indian Evidence Act, 1872 (for short, the Act ) seeking to send the document for the opinion of the expert to establish the fact of alteration of the document. Respondent/plaintiff filed counter denying the allegations made in the petition and submitted that the petition is filed only to drag on the proceedings and that the court too also has power to compare the suit promissory note under Sec. 7 of the Act.

(3.) By the impugned order, the said application was dismissed holding that the application was made at a belated stage when the suit came up for defendant's side evidence.