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2023 Supreme(AP) 615

SUBBA REDDY SATTI
Avula Narasimha Rao – Appellant
Versus
Kosana Koteswara Rao – Respondent


Advocates appeared:
Prabhunath Vasireddy, Advocate, G.L.Nageswar Rao, Advocate

JUDGMENT

1. Defendant, in the suit filed the above revision against the order dtd. 21/10/2022 in I.A.No.1072 of 2019 in O.S.No.104 of 2018 on the file of learned II Additional District Judge, Guntur.

2. Plaintiff filed suit O.S.No.104 of 2018 against the defendant for recovery of amount basing on four promissory notes, dtd. 30/1/2015, 30/1/2015, 10/11/2015 and 10/11/2015 respectively.

3. Defendant, by filing written statement denied his signature on the promissory notes. Defendant also stated that he never saw face of the plaintiff.

4. Pending the suit, defendant filed I.A.No.1072 of 2019 under Sec. 45 of the Indian Evidence Act, 1872 to send Exs.A1 to A3 to the handwriting expert for comparison with the admitted signatures.

5. In the affidavit filed in support of the petition, while reiterating contentions in the written statement, defendant prayed to send Exs.A1 to A3 for comparison of signature with admitted signatures of the petitioner.

6. Plaintiff filed counter and opposed application.

7. Trial Court, by order, dtd. 21/10/2022 dismissed the petition. Aggrieved by the same, present revision is filed.

8. Heard learned counsel on either side.

9. Learned counsel for the petitioner would c

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