G BHASKARA RAO Vs. CANARA BANK

JUDGEMENT

(1.) THE Civil Revision Petition is directed against the order dated 21-11-2006 in I. A. No. 1582 of 2006 in O. S. No. 226 of 2004 on the file of the Principal Junior Civil Judge, vijayawada, whereunder and whereby petition filed by the petitioner/2nd defendant to send ex. A-3 - acknowledgement of debt dated 13-2-2001, to expert for comparison with the admitted signatures of the 1st defendant, was dismissed.

(2.) THE suit is filed by the first respondent herein, for recovery of money. The petitioner/2nd defendant is the father of the 1st defendant. The 1st defendant has not taken any plea denying or disputing his signature on Ex. A-3 - acknowledgement of debt dated 13-2-2001, because he remained ex parte and has not filed any written statement. He is the best and proper person to say that his signature on Ex. A-3 is forged or not. But, for the reasons best known to him, he did not raise such plea by contesting the suit. Now, on behalf of the 1st defendant, the petitioner/2nd defendant, who is his father, filed the present petition contending that his son's signature on Ex. A-3 was forged. Therefore, the petitioner/2nd defendant is not competent to file such application in the absence of any specific denial by the 1st defendant. It is not the case of the 2nd defendant that he was informed by his son that signature in the document is forged. The basis for him to come to conclusion that signature of 1st defendant on Ex. A-3 was forged, has not been stated. Therefore, the trial Court rightly dismissed the petition and the order does not suffer from any infirmities so as to call for interference by this Court.

(3.) THE Civil Revision Petition is devoid of merit and is, accordingly, dismissed. No costs.