M V RAMANAMURTHY Vs. ANANITHAPALU VENKATA GOPAL RAO

JUDGEMENT

(1.) IN CRP No. 3191/07, this Court ordered notice before admission on 31. 7. 2007 and granted interim stay and on 18. 9. 2007 the civil revision petition was admitted. Sri A. Rama Rao entered appearance and filed CRP MP no. 2827/2008 to vacate the interim order. It is also stated by Sri Purushotham, the learned Counsel representing revision petitioner that there is a connected civil revision petition CRP No. 3686/2007 and hence this Court directed CRP No. 3191/ 2007 to appear in the list along with the connected CRP No. 3686/2007. The said civil revision petition CRP No. 3686/2007 was admitted on 20. 8. 2007.

(2.) CRP No. 3191/2007 is filed against an order made in I. A. No. 199/2007 in O. S. No. 190/2004 on the file of Additional senior Civil Judge, Srikakulam, wherein the revision petitioner herein - the defendant in the suit filed an application under Section 151 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) praying for reopening of the matter on defendant's side enabling the revision petitioner to file an application to examine the Expert and to get the document marked through the expert in the interest of justice. The learned judge after recording reasons dismissed the said application without costs. Aggrieved by the same, CRP No. 3191/2007 had been preferred.

(3.) LIKEWISE, CRP No. 3686/2007 is filed by the selfsame petitioner-defendant being aggrieved of an order made in LA. No. 200/2007 in O. S. No. 190/2004 on the file of Additional Senior Civil Judge, Srikakulam. The said application was filed by the revision petitioner under Section 45 of the Indian evidence Act, 1872 read with Section 151 of the Code praying for sending the document to Government Handwriting Expert or to any private Handwriting Expert for examination of the admitted signatures and disputed signatures in the interest of justice. The learned Additional Senior Civil judge, Srikakulam, after recording reasons dismissed the said application without costs. Aggrieved by the same, the present civil revision petition had been preferred.