CHALLA RAMI REDDY Vs. ARVA YELLA REDDY

JUDGEMENT

(1.) A small issue, as regards sending of a disputed document for comparison by Hand-writing Expert, was made complicated by none other than the trial court itself.

(2.) THE respondent filed O. S. No. 489 of 2006, in the court of IV Additional Junior civil Judge, Kadapa, against the petitioner, for recovery of certain amount, on the basis of a promissory note. The petitioner disputed his thumb impression on the promissory note. He filed I. A. No. 680 of 2007, under Section 45 of the Evidence Act, with a prayer to send the promissory note, to Government Examiner, for comparison of the thumb impression. The I. A. was allowed by the trial court on 25. 6. 2007, directing that the document be sent to an expert at New delhi. The petitioner was required to deposit a sum of Rs. 10,000/- within a period of 10 days, towards tentative expenditure for that purpose.

(3.) PETITIONER filed I. A. No. 754 of 2007, with a prayer to extend the time for depositing the amount, by 10 days. The trial court dismissed the I. A. on 5. 7. 2007, by observing that the court has become functus officio. The said order is challenged in this CRP.