Adelly Srinivasa Reddy v. Adelli Raji Reddy

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIIL REVISION PETITION No.255 of 2017 ORDER:

This revision petition is filed against the order dated 23-11-2016, wherein the Court below dismissed the application filed by the petitioner/defendant No.1 for sending of the document to Expert for comparison of signatures of respondent/plaintiff on Exs B-1 to B-3 said to have been executed by the respondent/plaintiff after obtaining signatures in the open Court.

Learned counsel for the petitioner submits that once the documents are marked, when the respondent/plaintiff disputed the signatures of Exs B1 to B-3 and when assertion of the petitioner that they are executed by the respondent/plaintiff, the Court below should have sent the same for comparison to the handwriting Expert. It is to be seen that the documents are marked even though for collateral purpose when the signatures are disputed, the Court below should have considered the petition for sending the documents to the Expert. The Court below has not dismissed the petition on the ground that the Court can compare signatures under Section 73 of Evidence Act, but dismissed on the ground that the documents are inadmissible in evidence.

Though notice is served on the respondent, none appeared for the respondent.

In view of the same, the impugned order is set aside and the matter is remanded back to the Court below. The Court below is directed to dispose of I.A.No.663 of 2016 in accordance with law.

Accordingly, the revision petition is allowed to the extent indicated above. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 14-07-2017 Nvl