Smt, R. Siva Kumari v. D. Krishna Kumar

THE HONOURABLE SRI JUSTICE DILIP B.BHOSALE CIVIL REVISION PETITION No.198 OF 2015 ORDER:

This Civil Revision Petition challenges the order dated 27.11.2014 passed by the Court below rejecting the petitionerdefendant's interim application under Section 45 of the Indian Evidence Act seeking reference of Ex.A.1-promissory note to the expert for comparison of her signature and thumb impression thereon. I have perused the impugned order and so also the written statement, in particular paragraph nine thereof. It does not appear to be the case of the petitioner that the signature on the disputed document (Ex.A.1) is not her signature. Even if it is assumed that the thumb impression is not of the petitioner, whether that will have any adverse effect on the document is the question that trial Court will consider at appropriate stage. This Court is informed that the suit has reached the stage of final arguments. In view thereof, I am not inclined to interfere with the order impugned in the instant civil revision petition.

Hence, the Civil Revision Petition is dismissed. This, however, shall not preclude the petitioner from challenging the order impugned in the instant C.R.P. in appeal if the suit is decreed against her. Miscellaneous petitions pending in the Civil Revision Petition, if any, also stand disposed of.

____________________ DILIP B.BHOSALE, J 2nd February, 2015.

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