P VENKATRAMANA Vs. M VENKATRAMANA

JUDGEMENT

(1.) THE respondent filed O. S. No. 172 of 2008 in the Court of Junior Civil Judge, Vayalpad, against the petitioner for recovery of certain amount on the strength of a promissory note dated 01-08-2006. The petitioner denied the execution of the promissory note. Before the trial of the suit commenced, the petitioner filed I. A. No. 70 of 2009 under Section 45 of the Indian Evidence Act (for short 'the Act')with a prayer to send the suit promissory note for opinion of a hand writing expert. The application was opposed by the respondent. Through its order, dated 13-04-2009, the trial Court dismissed the I. A. Hence, this civil revision petition.

(2.) HEARD the learned counsel for the petitioner and the learned counsel for the respondent.

(3.) THE sole basis for the respondent to file the suit against the petitioner was the promissory note. The petitioner flatly denied the execution thereof. It is in this context that the petitioner filed the I. A. under section 45 of the Act with a prayer to send the document for examination by a hand writing expert.