HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.2509 of 2014 Date : 18-10-2014 Between:
Penumaka Vishala Lakshmi .. Petitioner And G. Yadi Reddy ..
Respondent Counsel for petitioner : Sri G. Krishna Murthy Counsel for respondent : Sri G. Anil Kiran Kumar The Court made the following :
ORDER:
This Civil Revision Petition arises out of order dated 12-9-2012 in I.A.No.52 of 2012 in O.S.No.268 of 2011 on the file of the learned II Additional Junior Civil Judge, Ranga Reddy District.
The respondent filed the above mentioned suit for declaration that the suit registered sale deed is null and void. He has filed I.A.No.52 of 2012 in the said suit under Section 45 of the Indian Evidence Act, 1872 r/w. Section 151 CPC for sending the signatures and thumb impressions contained on the registered suit document for comparison with his admitted signatures and thumb impressions. The lower Court by the order under revision has allowed the said application.
The main ground on which the petitioner has assailed the order of the lower Court is that in the absence of pre- existing admitted signatures and thumb impressions of the respondent, the lower Court ought not to have allowed the application.
The learned Counsel for the respondent has not disputed that his client’s previous signatures and thumb impressions have not been produced by him for comparison. In the absence of pre-existing thumb impressions, it is not safe to send the signatures or thumb impressions of the respondent taken after filing of the suit for comparison. The lower Court has not indicated as to the so- called documents with reference to which the respondent’s signatures and thumb impressions have to be compared with his disputed signatures and thumb impressions. In this view of the matter, the order of the lower Court cannot be sustained and the same is accordingly set-aside. However, this order will not preclude the respondent from filing a fresh application if his admitted signatures and thumb impressions in existence prior to the filing of the suit are available and placed before the Court.
Subject to the liberty given to the respondent as above, the Civil Revision Petition is allowed.
As a sequel to the disposal of the Civil Revision Petition, interim order dated 22-8-2014 is vacated and CRPMP No.3500 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 18-10-2014 AM