M.Karpagam D/O.Late Munusamy v. S.Prakasam And 7 Others

A.No.2122 of 2020 in O.P.No.392 of 2014 P.VELMURUGAN, J.

This application has been filed to direct the learned Master to permit the applicant/5th respondent to depose and speak about her signature found in the vakalat and in the consent affidavit and to file documents to prove that her signature in the vakalat as well as in the consent affidavit are forged.

2.On the earlier occasion, this Court directed the applicant to produce any contemporary document, which was executed prior to the documents in dispute or file affidavit stating that no other contemporary document is available.

3.The learned counsel for the applicant submitted that no other documents are available with the applicant except the document viz., General Power of Attorney executed on 06.08.2015. He has also filed an affidavit to that effect and the same is recorded. Page No.1/4

4.The learned counsel for the respondents have no serious objection in allowing this application.

5.Heard both sides and perused the materials available on record.

6. On being satisfied with reasons stated in the affidavit filed in support of this application and the submissions made by the learned counsel for both sides, this application is allowed. 7.Accordingly, Thiru. S.Vinoth Kumar, (Enrollment No.Ms.2086/2012), 137, Additional Law Chambers, High Court, Madras, (Mobile No.9943237581) is appointed as Advocate Commissioner to get opinion from the Forensic Department. Registry is directed to hand over the documents in dispute along with the document viz., General Power of Attorney executed on 06.08.2015 in a sealed cover to the Advocate Commissioner. The Advocate Commissioner is directed to produce the same in a sealed cover before the Director, Forensic Laboratory, Chennai. On receipt of the same, the Director, Forensic Laboratory, Chennai is directed to compare the signature found in disputed documents with the Page No.2/4

contemporary document and submit a report to the Advocate Commissioner. All such exercise shall be completed within a period of one month i.e. on or before 31.05.2022. The Advocate Commissioner shall submit his report on or before 07.06.2022. 8.The learned Advocate Commissioner is entitled for a sum of Rs.15,000/- (Rupees fifteen thousand only) towards remuneration. The applicant shall pay Rs.15,000/- to the learned Advocate Commissioner for executing the warrant, forthwith.

9.Registry is directed to issue the Advocate Commissioner's warrant to the learned Advocate Commissioner forthwith. 10.Post the matter on 07.06.2022 '' for reporting compliance''. 22.04.2022 ms Page No.3/4

P.VELMURUGAN, J.

ms A.No.2122 of 2020 in O.P.No.392 of 2014 22.04.2022 Page No.4/4