SHABBIR ALI KHAN Vs. ANIL KUMAR

JUDGEMENT

(1.) This revision, under Article 227 of the Constitution of India, is filed by the petitioner/defendant No.6 aggrieved by the order dated 08.07.2019 passed in I.A.No.989 of 2019 in O.S.No.660 of 2009 by the V Additional Junior Civil Judge, Kukatpally at Prashanti Nagar, whereby the petition filed by the revision petitioner under Section 45 of the Indian Evidence Act, 1872 (for short 'the Act') read with Section 151 of CPC to send the disputed signature of defendant Nos.1 to 4 on Ex.A1 to the handwriting expert to compare the same with the admitted signatures of defendant Nos.1 to 4 on Exs.B47, B49, B50 and B53, was dismissed.

(2.) Heard learned counsel for the revision petitioner/defendant No.6, learned counsel for respondent Nos.1 to 10/plaintiffs and perused the record.

(3.) Learned counsel for the revision petitioner/defendant No.6 would submit that to come to a just conclusion, the Court below ought to have sent the disputed signatures of defendant Nos.1 to 4 on Ex.A1 to the handwriting expert to compare the same with their admitted signatures on Exs.B47, B49, B50 and B53 but the Court below did not undertake such exercise. The findings recorded by the Court below in the impugned order are erroneous and ultimately prayed to set aside the order under challenge and allow the subject Interlocutory Application as prayed for. In support of his contention, learned counsel relied upon the decision Thiruvengadam Pillai vs. Navaneethammal and another, 2008 4 SCC 530.