Gurava Gopalam v. Narayana Venkata Rambabu

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO CRP.No.4177 of 2016 ORDER :

This Revision is filed under Article 227 of the Constitution of India challenging the order dt.08.07.2016 in I.A.No.794 of 2016 in O.S.No.209 of 2011 on the file of Senior Civil Judge, Tadepalligudem, West Godavari District.

2.

The petitioner herein is defendant in the said suit. 3.

The said suit was filed by respondent against petitioner for recovery of money on the basis of a promissory note in which allegedly the petitioner affixed thumb mark.

4.

The petitioner denied the same in the written statement. He filed an application under Section 45 of the Evidence Act, 1872 to send the disputed thumb mark to a Government expert. 5.

The said application was allowed by the Trial Court and the suit promissory note was sent to the Government expert, but he returned the same stating that the disputed thumb impression is unfit for comparison on the ground that the thumb impression therein is smudged, faint and wanting any clear ridge characteristics. 6.

Thereafter, the petitioner filed the present I.A.No.794 of 2016 to send the said document to a private expert.

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7.

The respondent filed a counter-affidavit opposing this application on the ground that this application is filed only to drag on the proceedings and once the Government expert has given an opinion that it is unfit for comparison, it is not possible for second expert also to give any opinion.

8.

By order dt.08.07.2016, the Court below dismissed the said application. It observed that once the Government expert has said that the thumb impression of petitioner in the suit promissory note is unfit for comparison, it would be a waste of time to send it to a private expert for a second opinion.

9.

This being a discretionary order and the reason given by the Trial Court not being perverse, I am of the opinion that it is not a fit case to interfere with the said order in exercise of jurisdiction conferred on this Court under Article 227 of the Constitution of India. 10.

Accordingly, the Civil Revision Petition is dismissed. No order as to costs.

11.

As a sequel, miscellaneous petitions pending if any in this Civil Revision Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 21-10-2016 Ndr/*