Avula Niranjan v. Sangisetty Kurmaiah

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Civil Revision Pet it ion No.3 0 5 0 of 2 0 1 9 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/ defendant, challenging the order, dated 06.11.2019, passed in I.A.No.352 of 2019 in O.S.No.5 of 2014, by the Senior Civil Judge, Nagarkurnool, whereby, the petition filed by the petitioner/ defendant requesting the Court below to send the suit promissory note (Ex.A.1) to the expert for comparision of letter 'A' therein with that of his admitted signature and also to determine the age of ink of the disputed signature and whether the ink used to write letter 'A' are one and the same, was dismissed.

2 .

Heard the learned counsel for the petitioner/ defendant and perused the record.

3 .

A perusal of the impugned order, dated 06.11.2019, passed by the Court below in the subject interlocutory application reveals that the Court below recorded a finding that sending the suit promissory note (Ex.A.1) to the expert for comparision of only the disputed letter 'A' on the suit promissory note with that of his admitted signature does not serve any purpose, since the opinion of the expert is only an opinion evidence, but not a substantive piece of evidence. This Court is in agreement with the findings

recorded by the Court below in the subject interlocutory application. There is no perversity in the impugned order. The Civil Revision Petition is devoid of merit and is liable to be dismissed.

4 .

In the result, the Civil Revision Petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this CRP, shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J 20th December, 2019 Bvv