Madras High CourtCRP(MD)/1298/2018dismissed

Siva Manohari v. S.M. Rajendran

2018-09-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP(MD)No.1298 of 2018 (PD) and CMP(MD)No.5533 of 2018 Siva Manohari ... Petitioner Vs.

S.M.Rajendran ... Respondent Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 06.04.2018 made in I.A No.268 of 2016 in O.S No.60 of 2016 on the file of the Sub court, Uthamapalayam.

For Petitioners : Mr.A.Arumugam For Respondent : Mr.S.Sukumar

ORDER

The defendant in O.S No.60 of 2016 on the file of the learned Sub Court, Uthamapalayam is the revision petitioner herein. The suit has been laid by the respondent herein on the strength of a promissory note. The promissory note is said to have been executed by one V.D Ravi. The said Ravi is no more. His wife has been made as a defendant in the suit. The defendant/revision petitioner herein contended that the said Ravi did not execute the pro-note. In other words, the signature attributed to the Ravi in the said pro-note has been denied. The revision petitioner herein filed I.A No.268 of 2016 for appointing an Advocate Commissioner to send the document in question for comparison with an admitted signature for obtaining expert opinion. The court below by order dated 06.04.2018 dismissed the said I.A.

2.The signature attributed to the revision petitioner's husband has been denied by the revision petitioner. Therefore, the burden lies entirely on the respondent to establish his case. The court below rightly dismissed the interlocutory application filed by the https://hcservices.ecourts.gov.in/hcservices/

revision petitioner herein. No ground has been made out for interference. This revision petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To The Sub Ordinate Judge, Uthamapalayam.

+1CC to Mr.S.Sukumar, Advocate, SR.No.85771 CRP(MD)No.1298 of 2018 (PD) and CMP(MD)No.5533 of 2018 19.09.2018 SKM ES/PM/SAR 1/26.10.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/