The Civil Revision Petition has been filed against the order of dismissal in I.A.No.34 of 2014 in O.S.No.203 of 2009 dated 07.02.2014 passed by the learned Additional District Munsif Court at Chengam.
2. The petitioner is defendant and the respondent is plaintiff in O.S.No.203 of 2009. The respondent filed the suit for recovery of money a sum of Rs.40,000/- and interest from the petitioner based on the mortgage deed. The petitioner has admitted that he borrowed the money but contended that he has settled the entire amounts and respondent issued receipt and letter for the same. The petitioner marked the receipt and letter as Exs.B1 and B2. Before marking the documents, the respondent denied the signature and objected to mark the documents, against which the petitioner filed IA.No.34 of 2014 for sending the signatures in the plaint and Exs.B1 and B2 to handwriting expert for obtaining opinion.
3. The learned Judge, considering the averments in the plaint and that in Exs.B1 and B2 signatures were signed in the year 2003, while the exhibits in the plaint were filed in the year 2009, found that the disputed signature and admitted signature of the respondent had not been produced before Court. Further, if signature found in the document of the year 2003 is compared with the year 2009 documents, prejudice will be caused to the respondent. Hence, the learned Judge dismissed the application for forged documents.
5. Heard the learned counsel for the petitioner and perused the materials available on record.
6. The learned Judge, considering all the materials available on record, dismissed the application by giving cogent and valid reasons. In the circumstances, there is no illegality or irregularity warranting interference by this Court with the order of the learned trial Judge, dated 07.02.2014.
7. In the result, the Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.