R.Mani vs L.Karuppusamy on 21 December, 2015
7.Likewise in paragraph No.4 in the written statement, he has not given any specific denial and he has stated that he has not borrowed money from the respondent/plaintiff, executed a promissory note and also the memorandum of deposit of title deeds. But there is no pleading that the suit promissory note is a forged one. So, the Trial Court has rightly held that there is no defence in the written statement that the promissory note is a forged one. At this juncture, it is appropriate to consider the decision relied upon by the learned counsel for the petitioner reported in 1998 (II) CTC 502 (H.Amalraj vs. Regina), wherein the defence has been raised the plea of forgery. In such circumstances, it was held that opportunity must be given to send for the document for obtaining hand writing expert opinion. So, the above citation is not applicable to the facts of the present case.