over blank signed promissory notes
and cheques to Y. Nagabhushan Rao and said Y. Nagabhushan
Rao, taking advantage of those promissory notes got filed ... over blank signed promissory notes and cheques,
he is not entitled to contend that the signed blank promissory
notes are rank forgery, since the petitioner
written statement took a plea that
promissory note is forgery and he denied his signature as such
defendant No.3 filed application under Section ... plea of defendant No.1 that promissory note is
forgery and it is for him to prove the same as such initially he
filed
present at the time of execution of the suit
promissory note and thus, he has personal knowledge about the suit
transaction. Therefore ... under:-
"The defendants did not take any steps regarding forgery
of promissory note and hence, adverse inference was
raised against the evidence
original promissory note to the Government Security Press, Nasik in
Maharashtra State for giving opinion on the revenue stamps affixed on the
promissory note with ... case, it appears, the defendant though took a plea of forgery of promissory
note, did not take specific plea. Therefore, this Court opined that mere
promissory note was valid
and is executed by the deceased-Gunnaiah. Issue No.1 is
correctly framed as "whether the suit promissory note ... engineered to create
the forged promissory note. She also alleges that the suit
promissory note is a rank forgery. The learned counsel for
the appellants
promissory note. The defendants have taken a plea that
the suit promissory note, which is marked as Ex.A-1, is a
rank forgery. Therefore ... already been
taken at the written statement that the suit promissory
note is a forgery. Therefore, the petitioners have a right to
send the same
Sheshaiah by taking advantage of promissory note dt.03.11.2007
(mistakenly mentioned as 2002), might have brought promissory note
making digit ... order in I.A.No.1064 of 2011 to send the promissory note to
the handwriting Expert for identification of the disputed alteration of the
digit
recovery of an amount of Rs.15,83,000/- based on
promissory note alleged to have executed by the petitioner herein.
4. During pendency ... aver that the suit promissory note was forged
document;
ii) The petitioner did not made any suggestion about the
forgery of Ex.A1 during
based on a promissory note, the burden of proof will
always be on the plaintiff to establish that the suit promissory
note is executed ... that when the defence of forgery is taken by the defendant in a
suit based on a promissory note, the burden of proof will always
attestors (P.Ws.2 and 3) of the suit
promissory note with regard to forgery. However, the P.Ws. 1 to 3
have denied ... filed by the defendant seeking
to send the suit promissory note to the Expert for opinion under
16
KL, J
C.R.P. Nos.2343
