PASALA RUBEN Vs. BANDANADAM AROGYAM

JUDGEMENT

(1.) This Civil Revision Petition, Under Article 227 of the Constitution of India, is filed by the petitioner/defendant, challenging the order, dated 15.12.2020, passed in I.A.No.324 of 2019 in O.S.No.60 of 2014 by the Senior Civil Judge at Suryapet, whereby, the subject interlocutory application filed by the petitioner/defendant under Section 45 of Indian Evidence Act to send Ex.A.1 original promissory note along with the admitted signatures of the petitioner/defendant to the handwriting expert for comparison and report, was dismissed.

(2.) Heard the learned counsel for the petitioner/defendant and perused the record. In spite of service of notice, there is no representation for the sole respondent/plaintiff.

(3.) The learned counsel for the petitioner/defendant would submit that comparison of signatures of the petitioner/defendant on Ex.A.1 promissory note and his admitted signatures is necessary to reach at a just conclusion. The Court below erroneously dismissed the subject interlocutory application without there being any justification. The petitioner/defendant had denied his signature on Ex.A.1 promissory note by filing written statement. Though there is sufficient and justifiable cause to allow the subject interlocutory application as prayed for, the Court below erroneously dismissed the same and ultimately prayed to allow the Civil Revision Petition as prayed for.