Madras High Court
Velayutham vs Rajaraman @ Rajaram on 15 February, 2016
Author: P.R.Shivakumar
Bench: P.R.Shivakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 15.02.2016 CORAM THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR C.R.P.[PD] No.319 of 2016 and C.M.P.No.1719 of 2016 Velayutham ... Petitioner Vs. Rajaraman @ Rajaram ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order in I.A.No.218 of 2015 in O.S.No.181 of 2013 dated 06.11.2015 passed by the Principal District Munsif, Gingee, Villupuram District. For Petitioner : Mr.V.Vijayarajan O R D E R
The arguments advanced by Mr.V.Vijayarajan, learned counsel for the petitioner are heard.
2. The defendant in the original suit is the petitioner in the Civil Revision Petition. The grievance of the petitioner is that the learned trial judge allowed the application filed by the plaintiff for referring the disputed document, namely, a pro-note allegedly executed by the revision petitioner herein, to the handwriting expert for opinion, after comparison with the admitted signatures which were not contemporary signatures.
3. From the said submission of the learned counsel for the petitioner, it is obvious that the petitioner's grievance can be redressed by permitting him to produce any contemporary document containing his admitted signature, whose authenticity cannot be doubted to be sent along with the disputed signatures and the other admitted signatures to the handwriting expert for comparison and opinion.
4. Hence, the Civil Revision Petition is disposed of at the stage of admission itself, confirming the order of the trial court in I.A.No.218 of 2015 in O.S.No.181 of 2013 dated 06.11.2015, subject to a modification that the petitioner shall have two weeks time from today, to produce an authenticated contemporary signature to be sent along with the disputed document and the other documents containing the admitted signatures to the handwriting expert for comparison and opinion. No costs. Consequently, connected Miscellaneous Petition is closed.
15.02.2016 Index : Yes/No Internet : Yes/No gya To The Principal District Munsif, Gingee, Villupuram District P.R.SHIVAKUMAR, J.
gya C.R.P.[PD] No.319 of 2016 and C.M.P.No.1719 of 2016 15.02.2016