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1962 Supreme(AP) 183

VENKATESAM
Gadamsetty Subrahmanyam – Appellant
Versus
Gadamsetty Venkayya – Respondent


VENKATASWAMI, J.

( 1 ) THIS is a petition under Section 115, Civil Procedure Code, to revise the order of the learned Dist. Munsif, Ongole in I. A. 405/61 in O. S. 189/60. That application was tiled under Order 26, Rule 4 and Section 151, C. P. C. for the issue of a commission to examine and record the evidence of Sri M. V. Dixit, a Hand-writing Expert of Nagpur. The suit O. S. 189 of 1960 was laid for specific performance of a contract of sale dated 25-7-57 for a sum of Rs. . 100. 00 executed by the 1st defendant, the 2nd defendant being the subsequent purchaser of the same property for Rs. 7,000. 00. The 1st defendant denied Having executed the contract of sale. The plaintiff took photographic copies of the suit document with the permission of the Court and also of the admitted signatures of the 1st defendant and sent them to Mr. Dixit. the Government Examiner of Questioned documents of Nagpur for his-opinion. He gave his opinion that the document was genuine. Thereupon I. A. 406/61 was filed for examining Mr. Dixit on commission at Nagpur. This application was dismissed by the trial Court and feeling aggrieved by this order, the plaintiff has come up by way of revision.

( 2 ) THE















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