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2006 Supreme(AP) 570

G.ROHINI
Kaveti Sarada – Appellant
Versus
Vemineni Hymavathi – Respondent


ORDER

This revision petition is directed against the order dated 3-8-2004 in I.A. No.7 43/2003 in O.S. NO.235/2000 on the file of the court of the Additional Senior Civil Judge, Nellore dismissing the application filed under Order 26 Rule 10 of the Code of Civil Procedure r/w Section 45 of the Indian Evidence Act to send the suit pronote, Ex.A-1, to the handwriting expert for comparing with the admitted signatures in the vakalat, written statement etc.

2. The facts in brief are as under:

Defendant is the revision petitioner. The plaintiff-respondent filed O.S. No.235/2000 for recovery of a sum of Rs.2,48,000/- on the basis of a pronote dated 10-12-1998. The defendant contested the suit claim contending that the suit pronote dated 10-12-1998 was a forged document.

3. In support of suit claim, the plaintiff got herself examined as P. W.1 and also examined P.W.2 and P.W.3 who are the attestor and scribe respectively of EX.A-1 pronote. At that stage, the defendant filed I.A. No.74312003 under Order 26 Rule 10, CPC r/w Section 45 of the Indian Evidence Act (for short the "Act") with a prayer to send EX.A-1, pronote to the hand-writing expert (Forensic Laboratory, Red Hills, Hyderabad) (or c














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