BYALLA DEVADAS Vs. SIVAPURAM RAMA YOGESWARA RAO
LAWS(APH)-2022-3-40
HIGH COURT OF ANDHRA PRADESH
Decided on March 16,2022

Byalla Devadas Appellant
VERSUS
Sivapuram Rama Yogeswara Rao Respondents




JUDGEMENT

- (1.) The instant Civil Revision Petition has been preferred against the order dtd. 15/11/2021 passed in I.A.No.234 of 2020 in O.S.No.39 of 2019 on the file of the Principal Junior Civil Judge, Giddalur, Prakasam District.
(2.) Heard Mr.Nagaraju Naguru, learned counsel for the petitioner and Mr.Turaga Sai Surya, learned counsel appearing for the respondent.
(3.) The petitioner herein is defendant in the above referred suit. The respondent/plaintiff filed the said suit for recovery of a sum of Rs.1,71,600.00 with future interest and costs. The petitioner/defendant filed written statement, inter alia, contending that the suit promissory note is forged document and his signatures were forged. After examination of P.Ws1 and 2 on behalf of the respondent/plaintiff, the matter was posted for defendant's evidence on 25/7/2019. At that stage, the petitioner filed I.A.No.234 of 2020 under Sec. 45 of the Indian Evidence Act, 1872 to send Ex.A.1 promissory note to the handwriting expert by receiving specimen writings in the four promissory notes which are annexed to the said application and to receive his specimen signatures in the open Court along with the vakalatnama and written statement for comparison. The respondent/plaintiff filed counter and opposed the said application. After considering the matter, the learned Trial Court dismissed the said application. Hence, the present Civil Revision Petition.;


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