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2019 Supreme(AP) 13

U.DURGA PRASAD RAO
G. V. Rami Reddy – Appellant
Versus
D. Mohan Raju – Respondent


Advocates Appeared:
For the Petitioner: Maheswara Rao Kuncheam.
For the Respondents: V. Nageswara Rao.

ORDER :

U. DURGA PRASAD RAO, J.

1. The challenge in this civil revision petition is the order, dated 13.8.2018, in IA No. 874 of 2018 in OS No. 253 of 2015, passed by the learned III Additional District Judge, Tirupati, dismissing the petition filed by the petitioner/defendant under Section 45 of the Indian Evidence Act, 1872 seeking to send Ex. A1 promissory note to F.S.L. to ascertain the age of the signature and the contents therein.

2. The defendant filed the said petition on the contention that he did not execute Ex. A1 pronote on 20.12.2012 as claimed by the plaintiff, and on the other hand on a different occasion, he borrowed Rs. 1,00,000/- from the plaintiff and plaintiff obtained his signature on a blank promissory note on 27.9.2008 and also obtained a cheque for security purpose and though the defendant discharged the said debt in March, 2009, the plaintiff returned the cheque but did not return the promissory note and he pressed into service the said blank promissory note and created Ex. A1 with the date 20.12.2012 and filed the instant Suit. Thus, in essence, the defendant contends that Ex. A1 was signed in the year 2008 but not in 2012 and for determination of the age of

















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