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RAVI NATH TILHARI
Varri Jayalakshmi – Appellant
Versus
Badiga Eswara Rao – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri Lalith, learned counsel, representing Sri Mangena Sree Rama Rao, learned counsel for the petitioners and Ms. K. Aruna Sri Satya, learned counsel, representing Sri V.V. Ravi Prasad, learned counsel for the respondents.
2. The petitioners are the defendants No. 1 and 2 respectively in O.S. No. 52 of 2015 pending in the court of Additional District Judge, Visakhapatnam.
3. The plaintiffs/respondents filed O.S. No.52 of 2015 on the file of the XI Additional District Judge, Visakhapatnam for a specific performance of contract pursuant to the sale agreement dated 05.10.2012 said to have been executed by the defendants of the suit in favor of the plaintiffs, along with other prayers. In the said suit, the defendants/petitioner filed written statement denying inter alia the execution of the agreement of sale, which was said to be a forged document. The signatures of the defendant/petitioner No. 2 were denied. In the said suit, the Petitioner filed I.A. No.426 of 2021 to compare the petitioner No. 2's signature on the said agreement of sale. The application was rejected on 30.08.2022. Challenging the order dated.30.05.2022, the petitioners filed CRP
The principles of res judicata apply at different stages of a suit, preventing new pleas not raised in earlier applications.
Res Judicata – Principles of res judicata apply even at different stages of same suit.
The main legal point established in the judgment is that the discretion to allow or reject belated applications under Sec. 45 of the Indian Evidence Act lies with the Court, and no hard and fast rule....
Expert opinions on signatures require reliable, contemporaneous documents for comparison; belated applications lack merit.
The timing of applications and the consistency of parties' stances are crucial factors in determining the admissibility of evidence and the court's decision.
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