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1957 Supreme(AP) 120

UMAMAHESWARAM
Sundaramudi China Lakshmayya – Appellant
Versus
K. Suryanarayana – Respondent


Advocates:
M.S. Ramachandra Rao and M. Krishna Rao, for Petitioner; Valluri Parthasarathi, for Respondent.

JUDGMENT : This Civil Revision Petition raises an important question of law as to the scope ofOrder 18 Rule 4, C. P. C. In order to appreciate the contention of Sri M. Krishna Rao, the learned advocate for the petitioner, it is necessary to set out a few relevant facts.

2. The petitioner herein filed I. A. No. 92 of 1955 for sending the receipt dated 10-2-1954 to a Hand-Writing Expert. The learned District Munsif dismissed the application on the ground that an Expert had already given an opinion that the signature in the document was that of the defendant. The plaintiff thereupon filed an application under Section 151 C. P. C., to allow him to take photographs from the negatives of the disputed and the admitted documents in court to enable him to send them to a Hand-Writing Expert.

The application was also dismissed by the Learned District Munsif. When the suit was taken up for trial, the plaintiff brought an expert to Court and wanted to examine him. The learned District Munsif refused to grant him permission to examine the Expert by reason of an application filed by the respondent not to examine him. It is as against that order that the plaintiff has filed the present Civil Revisio













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