LAWS(APH)-2009-2-36

BHUPATHIRAJU RAVI KUMAR Vs. PALURI SURYA PRAKASA RAO

Decided On February 19, 2009
BHUPATHIRAJU RAVI KUMAR Appellant
V/S
PALURI SURYA PRAKASA RAO (DIED) Respondents

JUDGEMENT

(1.) HEARD Sri C. Ramachandra Raju, learned counsel representing revision petitioner and Sri M. S. Ramachandra Rao, learned counsel representing contesting respondent.

(2.) THIS civil revision petition is filed as against an order made by the learned Senior Civil Judge, Bhimavaram, in I. A. No. 1382 of 2005 in O. S. No. 29 of 1997.

(3.) THE revision petitioner, first defendant in the said suit, filed an application I. A. No. 1382 of 2005 on the file of the Senior Civil Judge, bhimavaram, under Section 45 of the Indian Evidence Act, 1872 (hereinafter in short referred to as "the Act" for the purpose of convenience) praying for the relief of referring the suit promissory note, dated 16. 4. 1994, to handwriting expert for the purpose of comparison of signatures of promissory note with admitted signatures and for opinion of handwriting expert as to the forgery or otherwise. The learned Senior Civil Judge, Bhimavaram, having formulated the point for consideration at para 6, recorded reasons in detail at paras 7 to 12 and ultimately came to the conclusion that the application is devoid of merit and accordingly dismissed the same without costs. Aggrieved by the said order, the said petitioner in the said application-first defendant had preferred the present civil revision petition under Article 227 of the Constitution of India.