SUTHRAYA PRASADA RAO Vs. BOGATHI JAYA RAMI REDDY

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 29-09-2008 in I. A. No. 321 of 2008 in O. S. No. 85 of 2005 on the file of the court of Senior Civil Judge, Gooty.

(2.) THE defendant is the Revision petitioner. The plaintiff/respondent herein filed the suit for recovery of money. The defendant in his written statement while contending that he had paid some amounts, produced ex. B-1 calculation memo of the year 1996 which was allegedly signed by the plaintiff. However the plaintiff denied the calculation memo as well as his alleged signatures on the said document. In the circumstances the defendant/revision petitioner filed i. A. No. 481 of 2007 to send Ex. B-1 for opinion of the Hand Writing expert along with the admitted signatures of the plaintiff on the vakalat, plaint and deposition. The said I. A was allowed and Ex. B-1 was sent to the fsl for comparison along with the specimen signatures of the plaintiff, which were taken in the Court. However, FSL declined to give any opinion and returned the document on the ground that contemporaneous signatures of the year 1996 were not available.

(3.) THEREAFTER the petitioner filed i. A. No. 321 of 2008 with a prayer to send ex. B-1 to another Hand Writing Expert along with the admitted signatures of the plaintiff on vakalat, plaint and deposition. The said application was dismissed by the Court below by order dated 29-09-2008 observing that as the contemporaneous signatures of the plaintiff were not available, no useful purpose would be served by sending the document in question to the Expert for his opinion. The said order is under challenge in this civil Revision Petition filed under Article 227 of the Constitution of India.