Lakshamraju Purnachandra Raju v. Tadikonda Krishna Rao

THE HON'BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NO.2418 OF 2015

O R D E R

Heard both the counsel.

2. The plaintiffs filed the suit in O.S.No.132 of 2008 on the file of Senior Civil Judge, Nuzvid, Krishna District for specific performance of agreement of sale and after closure of evidence, when the matter is at the stage of arguments, the plaintiffs filed the present interlocutory application seeking to send the disputed signatures of the respondents to an expert for comparison with the admitted signatures and to file report. The trial court at the stage of S.R. dismissed the application by order and decree dated 13.4.2015 and aggrieved by the same, the plaintiffs filed the present revision.

3. The court below passed the impugned order even before numbering the petition and I am of the considered view, that the petitioners were not given sufficient opportunity. On this ground alone, without going into the merits of the case, the impugned order is set aside and the matter is remitted back to the trial court to number the application and dispose of the same in accordance with law.

4. The revision petition is accordingly allowed. No costs. AVS --------------------------- ---- 01-10-2015