S MOHAN RAO Vs. C DORASWAMY REDDY

JUDGEMENT

(1.) This revision is filed under Article 227 of the Construction of India, challenging the order, dated 10-12-2018, in I.A.No. 386 of 2018 in O.S.No. 132 of 2017, passed by the Junior Civil Judge, Pakala, whereby, the petition filed under Section 45 of the Evidence Act, was dismissed and denied to refer the disputed promissory note, Ex.A1, to the expert for opinion and comparison of the handwriting on the top of the promissory note and the other documents.

(2.) It is alleged in the affidavit filed in support of the petition that the petitioner filed certain columns i.e. place, date and amount on the top of the promissory note and signed on the revenue stamp. Except that he did not write anything in the alleged promissory note. In the column meant for place of execution, he menionted place as 'Penumur' and not 'Pakala' and he never filled the entire body of the alleged promissory note. Therefore, the alteration voids the document and requested to refer the document to an exprt for opinion.

(3.) But, the respondent denied the same on various grounds.