A.THIYAGARAJAN Vs. G. RAMACHANDRAN

JUDGEMENT

(1.) This civil revision petition is filed challenging the order made in I.A. No.628 of 2011 in O.S. No.354 of 2009 dated 11.11.2011, in dismissing the application filed by the petitioner herein under section 45 of the Indian Evidence Act, seeking for sending the suit documents No. 1 (Pronote) for comparison of age of the ink found in the suit document No. 1 (Pronote) and to get expert opinion from the Forensic Department Laboratory.

(2.) The court below dismissed the said application on the reason that the petitioner herein wanted to drag on the proceedings by filing one petition after another without any bonafide. Even though this civil revision petition is filed challenging the above said order, the learned counsels appearing on either side placed their submissions with regard to the scope of sending documents for opinion in respect of the age of writing under section 45 of the Evidence Act, by referring to various decisions rendered by this Court as well as by the Hon'ble Supreme Court.

(3.) The learned counsel appearing for the petitioner relied on a decision of the Hon'ble Supreme Court T.Nagappa v. Y.R. Muralidhar, 2008 5 SCC 633 to contend that the document can be sent for expert opinion to find out the age of the ink.