Andhra Pradesh High Court - Amravati
Chavali Ramachandra Prasad vs Selvaraj Dhana Sekhar on 17 February, 2020
Author: M. Venkata Ramana
Bench: M. Venkata Ramana
MVR,J
C.R.P.No.1084 of 2019
1
HON'BLE SRI JUSTICE M. VENKATA RAMANA
C.R.P.No.1084 of 2019
ORDER:
The defendant is the petitioner. Respondent is the plaintiff.
2. The respondent laid the suit against the petitioner for declaration basing on a promissory note. The petitioner resisted the claim, filing a written statement, raising such grounds including denial of execution of suit promissory note dated 05.02.2012, calling it a rank forgery.
3. Now, the suit is stated to be part-heard, where the petitioner has already been examined.
4. The petitioner filed an application under Section 45 of Evidence Act in I.A.No.910 of 2018 on 10.02.2018 requesting the trial Court to forward the suit promissory note to a hand-writing expert for comparison of the signature attributed to him in the suit promissory note and the signatures appearing in undisputed or admitted documents belonging to him in support of his plea, raised in his defence.
5. The respondent resisted the claim of the petitioner mainly on the ground that the petitioner in his letter dated 10.07.2013 addressed to his advocate at Kakinada offering to pay a part of the suit claim admitting his liability with an intention to enter into a compromise with the respondent. In those circumstances, it is stated that the petition so filed could not be maintained and that it was filed only to gain time.
6. Considering these contentions and the material, learned trial Judge dismissed the petition by the impugned order.
7. Heard Sri V.V.L.N.Sarma, learned counsel for the petitioner and Sri Y.Nagi Reddy, learned counsel for the respondent.
MVR,J C.R.P.No.1084 of 2019 2
8. Now, the point for determination is: - "Whether the suit promissory note be forwarded to a hand-writing expert for examination of the signature appearing therein comparing with the signatures of the petitioner in other documents of admitted nature?"
9. In the course of hearing, learned counsel for the petitioner brought to the notice of this Court that in cross-examination, respondent clearly admitted that he has no objection to forward and to subject the suit promissory note for examination by a hand-writing expert. As against it, learned counsel for the respondent referred to the letter of the petitioner dated 10.07.2013 addressed to the learned counsel for the respondent at Kakinada, whereby it is stated that the petitioner did not deny the execution of the suit promissory note and that he admitted his liability.
10. Nonetheless the defence set up by him at the trial shall be taken into consideration in this context. If the suit promissory note is subjected to examination by hand-writing expert, it would also facilitate and support the contention of the respondent, if the report is against the petitioner. Thereby, the respondent would not suffer any prejudice.
11. It is further to be noted that it was not as though the petitioner filed such an application in the trial Court at the fag end of the trial. But it was filed possibly before commencement of the trial or in its course. Therefore, it cannot be stated that there is a lapse on the part of the petitioner on this score and to hold that it was an attempt to delay the disposal of the suit.
12. It appears that the petitioner produced 17 documents as a part of his defence in the trial Court stated to contain his signatures and all these documents were produced from his custody. They were filed MVR,J C.R.P.No.1084 of 2019 3 along with I.A.No.130 of 2019. Though these documents are stated to be authenticated and addressed to several public authorities, which included his income tax returns, in as much as custody of these documents is a serious question to consider, it is desirable that the petitioner shall produce such of those documents from proper custody bearing his signatures, which ultimately bear authenticity, and of undisputed nature. These documents to be produced by the petitioner shall be of contemporaneous period as of the suit promissory note. Unless such documents are made available, the expert would find hard to give an opinion upon comparison.
13. The reasons assigned by the learned trial Judge in the order under revision are difficult to support. Therefore, while allowing this petition, it is desirable to direct the petitioner to produce such documents bearing his signatures which he admits, from proper custody and from authenticated source.
14. In the result, the Civil Revision Petition is allowed setting aside the order dated 27.03.2019, in I.A.No.910 of 2018 in O.S.No.28 of 2015 on the file of the Court of learned II Additional Senior Civil Judge, Kakinada. Suit promissory note dated 05.02.2012 is directed to be forwarded to the 'Truth Labs', Hyderabad, for the purpose of comparison of the signature appearing therein by hand-writing expert and using the admitted signatures of the petitioner(defendant) on such documents forwarded by the trial Court. The petitioner is directed to produce the documents of contemporaneous period, of the suit promissory note bearing his signatures from authenticated source like banks, Government departments etc., for this purpose. It shall be produced within 15 days from the date of receipt of copy of this order, before the trial Court. The petitioner is also directed to deposit a MVR,J C.R.P.No.1084 of 2019 4 tentative amount of Rs.10,000/-(Rupees ten thousand only) to the credit of the above suit for the above purpose in the trial Court, within the above period. The trial Court is directed to forward the suit promissory note as stated above to Truth Labs, Hyderabad, along with the documents secured or produced bearing signatures of the defendant, which he admits. No costs. All pending petitions stand closed. Interim orders, if any, stand vacated.
____________________ M. VENKATA RAMANA, J Dt:17.02.2020 Note:
Issue C.C. in three days.
B/o.Rns MVR,J C.R.P.No.1084 of 2019 5 HON'BLE SRI JUSTICE M. VENKATA RAMANA C.R.P.No.1084 of 2019 Date:17.02.2020 Rns MVR,J C.R.P.No.1084 of 2019 6