D VENKATADRI NAIDU Vs. S SRINIVASULU REDDY

JUDGEMENT

(1.) THESE two civil revision petitions are filed against the common order dated 6-2-2008 passed in I. A. Nos. 689 and 690 of 2007 in o. S. No. 317 of 2005 by the Principal Senior civil Judge, Chittoor.

(2.) THE parties in both these petitions are one and the same. The petitioner is the defendant and respondent is the plaintiff in the suit O. S. No. 317 of 2005. The petitioner filed I. A. No. 689 of 2007 for reopening the suit to send the suit promissory note to the handwriting expert and I. A. No. 690 of 2007 for sending the suit promissory note to the handwriting expert for comparison of signatures on the suit promissory note with that of the admitted signatures. Both the applications were dismissed by the aforesaid common order by the Learned Principal senior Civil Judge, Chittoor, on the ground that the petitioner has not taken any steps during the course of the evidence to refer the document to the handwriting expert and therefore, at the belated stage the case cannot be opened and the document cannot be referred to any handwriting expert.

(3.) I have perused the order of the Court below. I am also of the opinion that the petitioner has filed the applications, for reopening the suit and for sending the document to handwriting expert, without assigning sufficient reasons for filling the same at a belated stage. However, it is not in dispute that a plea has been taken in the written statement about the forgery of the promissory note and the petitioner also disputed the execution of the promissory note. If that be so, the only defence that is available to the petitioner is to rebut the normal presumptions available in favour of the respondent/plaintiff with regard to the execution of the promissory note. Unless the petitioner/defendant rebuts the presumptions by adducing appropriate evidence there cannot be another defence to him. Though the applications are filed at a belated stage, I am of the opinion that it may not be just and proper to prevent the petitioner/defendant from adducing evidence.