Peesa Appalaswamy v. P.Jaya Ram

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN Civil Revision Petition No.2906 of 2016 ORDER:

Aggrieved by the dismissal of an application for referring the suit Promissory Note to a Handwriting Expert, the defendant has come up with the above revision. Heard Smt. G. Malathi, learned counsel representing the learned counsel for the petitioner.

The petitioner/defendant has not denied his own signature in the promissory note. The plaintiff was examined as PW.1 and a person claiming to be the scribe of the promissory note was examined as PW.2.

On the ground that the signature of PW.2 as found in the promissory note as a scribe did not tally with his other admitted signatures, the petitioner filed an application to refer the suit promissory note to a Handwriting Expert to test whether the signature of the scribe was that of PW.2 or not. Therefore, the trial Court rightly rejected the application since the suit is not defended on the ground that the signature of the principal borrower was forged. I find no reasons to interfere with the order of the Court below.

Accordingly, the Civil Revision Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

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V. RAMASUBRAMANIAN, J Date: 24-06-2016 Ksn