← Library
Madras High CourtCRP(MD)/424/2014dismissed

R.Ramesh v. A.Sampath

2021-07-19Honourable Mr Justice A.A.Nakkiran2 pages

CRP(MD)No.424 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 06.07.2021 PRONOUNCED ON : 19 .07.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN CRP(MD)No.424 of 2014 MP(MD)No.1 of 2014 (Through Video Conferencing) R.Ramesh Petitioner/Petitioner/Defendant Vs A.Sampath Respondent/Respopndent/Plaintiff Prayer:- This Civil Revision Petition has been filed, under article 227 of Constitution of India against the order dated, 13.11.2013, passed in IA.No.258 of 2012 in OS.No.91 of 2012, by the Subordinate Judge, Uthamapalayam.

For Petitioner : Mr.V.P.Rajan For Respondent : Mr.H.Velavadhas

ORDER

1.This Civil Revision Petition has been filed, against the order dated, 13.11.2013, passed in IA.No.258 of 2012 in OS.No.91 of 2012, by the Subordinate Judge, Uthamapalayam. 2.The facts of the case, in a nutshell, are that the Defendant is the Petitioner and the Plaintiff is the Respondent. The suit was filed for recovery of money based on a promissory note. The above application was filed by the Defendant to send the promissory note to an expert to find out the age of the ink of the Petitioner's signature and the contents of the promissory note. Since the said application was dismissed by the impugned order, this Civil Revision Petition has been filed.

3.The learned counsel for the Petitioner has submitted that the alleged promissory note was executed for an earlier transaction in 2004 and that the said transaction was already settled on the complaint given to the Police concerned and that in order to prove the genuineness of the promissory note, opinion of an expert is necessary and hence, the court below ought to have allowed the application. He would rely on the unreported judgement, dated 01.02.2011, made in Crl.OP.No.27211 of 2010 of the Madras High Court, the judgement, dated, 23.12.2010, made in Crl.RC(MD)No.145 of 2010 of this Court and an unreported of judgement dated 25.09.2018, made in CRP.No.4656 of 2018, of the Hyderabad High Court.

4.The learned counsel for the Respondent has submitted that only to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP(MD)No.424 of 2014 drag on the proceedings, the application had been filed, seeking expert opinion and that as there is no merit in the application, the same had been rightly dismissed by the court below. He would rely on the decisions reported in 2010 1 CTC 424 (R.Jagadeesan Vs. N.Ayyasamy) and the unreported judgement dated 27.01.2021, made in Crl.OP.No.27520 of 2018 of the Madras High Court. 5.This court heard the learned counsel on either side and considered their submissions and also carefully perused the materials placed on record.

6.The suit was filed for recovery of money based on a promissory note, which was denied by the Defendant, as it was relating to earlier transaction. The Defendant had sought to send the promissory note to an expert to find out the age of the ink of the Petitioner's signature. Further, the application had been filed without giving the details of the Forum, to which, the documents are to be sent for expert opinion. It is also the contention of the Petitioner that the earlier transaction was completed on the complaint given by the Respondent before the Police concerned and the complaint is in the custody of the Petitioner. Considering the said stand of the Petitioner, this Court is of the view that when the documents relating to the earlier transaction are available with him, he can substantiate his contentions, by producing the said documents and that the application had been filed only to protract the proceedings and accordingly, the court below had rightly dismissed the application, as devoid of merits, by the impugned order, which does not suffer from any irregularity or infirmity.

7.In fine, this Civil Revision Petition is dismissed. No costs. Consequently, the connected MP is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Srcm To 1.The Subordinate Judge, Uthamapalayam +1 CC to M/s.H.VELAVADHAS, Advocate ( SR-69167[F] dated 17/06/2019 ) CRP(MD)No.424 of 2014 19.07.2021 SVM(CO) KB(29.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2