T.R.Rathineswaran v. N.Rajaram And 4 Others

A.Nos.4635 & 4439 of 2023 in C.S No.1196 of 2009 A.A. NAKKIRAN,J.

(i) A.No.4635 of 2023:

This application has been filed to issue subpoena to Mr.D.Panchatcharam, M.Sc., Scientific Officer and Document Expert attached to the Office of the Documents Division, Forensic Science Dept., 30-A, Kamarajar Salai, Mylapore, Chennai-4, to produce the report dated 10.01.2012 in Document No.359 of 2011 before this Court to substantiate the applicant's claim that the alleged sale agreement dated 05.04.2007 is forged and fabricated one. (ii) A.No.4439 of 2023:

This application has been filed to set aside the ex-parte order against the 5th defendant dated 21.07.2023 in C.S.No.1196 of 2009 passed by this Court.

2. Heard the learned counsel for the applicant. Even though sufficient time has been granted by this Court, the respondent in both applications has not filed counter till now.

3. Being satisfied with the reasons stated in the affidavit filed in support of these applications and having considered the facts and circumstances of the case as https://www.mhc.tn.gov.in/judis A.A. NAKKIRAN,J.

Lbm well as the submission made by the learned counsel for the applicant, these applications are allowed.

4. Accordingly, the Registry is directed to issue subpoena to Mr.D.Panchatcharam, M.Sc., Scientific Officer and Document Expert attached to the Office of the Documents Division, Forensic Science Dept., 30-A, Kamarajar Salai, Mylapore, Chennai-4 instructing him to appear before the Master on 29.09.2023.

5. Post the matter on 29.09.2023 for recording of evidence and due compliance.

15.09.2023 Lbm A.Nos.4635 & 4439 of 2023 in C.S No.1196 of 2009 https://www.mhc.tn.gov.in/judis