Madras High CourtCRP(MD)/2276/2013allowed

Bhaskaran Nair, v. Harichandran,

2020-02-18Honourable Mr Justice R. Subramanian2 pages

C.R.P(MD) No.2276 of 2013(PD) BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN C.R.P(MD) No.2276 of 2013(PD) and M.P(MD)No.1 of 2013 Bhaskaran Nair ... Petitioner/Petitioner/ Plaintiff -VsHarichandran ... Respondent/ Respondent/ Defendant Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aise the order and decreetal order dated 19.06.2013 passed in I.A.No.622 of 2012 in O.S.No.6 of 2010 on the file of Subordinate Court, Kuzhithurai and allow this Civil Revision Petition.

For Petitioner :

Mr.J.Anandhavalli For Respondent :

Mr.S.C.Herold Singh

O R D E R

This Civil Revision Petition has been filed against the order of the trial Court dismissing the application filed by the plaintiff in the suit for recovery of money seeking to refer the signatures found in the suit promissory note with that of the admitted signatures of the defendant on the ground that the admitted signatures are not available.

2. It is seen from the records, particularly, the additional typed set of papers filed by the learned counsel for the petitioner that the respondent/defendant has got an account with Canara Bank, Kulashekaram Branch through which, he had issued the cheque in favour of one B.Sajeon. The Bank must be in possession of the admitted signature of the respondent/defendant. It is also seen from the evidence recorded in the proceedings under Section 138 of the Negotiable Instruments Act before the Nedumankadu Judicial First Class Magistrate that the respondent has admitted the issuance of cheque, dated 25.02.2009 in favour of B.Sajeon. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD) No.2276 of 2013(PD)

3. In view of the same, this Civil Revision Petition is allowed, order of the Sub Court, Kuzhithurai dismissing the application for referring the suit promissory note to the expert is set aside with liberty to the petitioner to send for the documents from Canara Bank, Kulashekaram Branch by taking out an appropriate application and have the admitted signatures compared with disputed signatures. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) am To The Sub Judge, Kuzhithurai.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-6890[F] dated 18/02/2020 ) +1 CC to M/s.J.ANANDAVALLI, Advocate ( SR-7008[F] dated 19/02/2020 ) C.R.P(MD) No.2276 of 2013(PD) 18.02.2020 pk(CO) TR(26.02.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2