GUJJARI DIVA PRASAD Vs. BULUSU VIDYA SAGAR

JUDGEMENT

(1.) This civil revision petition arises out of order dated 02.12.2016 in I.A. No. 779 of 2016 in O.S. No. 319 of 2007 on the file of the Additional Senior Civil Judge, Gajuwaka.

(2.) I have heard Mr. S.V.R. Subrahmanyam, learned counsel for the petitioner.

(3.) The petitioner filed the above mentioned suit for specific performance of Ex.A.1 - agreement of sale dated 19.11.2004. Initially defendant No. 3 remained ex parte. Defendant No. 4 filed a written statement wherein he has denied the genuineness of the said document. However, after the order setting defendant No. 3 ex parte is set aside, she has filed a written statement wherein she has raised a plea that Ex.A.1 is a rank forged document. After filing the written statement, defendant No. 3 died and thereafter respondent No. 1 - defendant No. 4 filed the aforementioned application for sending the suit document for expert's opinion. By the time this application was filed, the trial was completed and the arguments on the side of the plaintiff were also completed. After considering all the aforementioned facts, the lower Court observed that though the application was filed at the fag end of the suit proceedings, in order to decide the issue once and for all in the interests of justice the said document needs to be sent for expert's opinion.