SUNDARAMUDI CHINA LAKSHMAYYD Vs. K. SURYANARAYANA

JUDGEMENT

(1.) THIS Civil Revision Petition raises an important question of law as to the scope of Order 18 Rule 4, C.P.C. In order to appreciate the contention of Sri M. Krishna Rao, the learned advocate for the petitioner, it in necessary to set out a few relevant facts.

(2.) THE petitioner herein filed I.A. No. 92 of 1955 for sending the receipt dated 10 -2 -1954 to Hand -Writing Expert. The learned District Munsif dismissed the application on the ground that an Expert had already given an opinion that the signature in the document was that of the defendant. The plaintiff thereupon filed an application under Section 151 C.P.C., to allow him to take photographs from the negatives of the disputed and the admitted documents in court to enable him to send them to a Hand -Writing Expert.

(3.) THE evidence of the witnesses in attendance shall be taken orally in open Court in the presence and under the personal direction and superintendence of the Judge.