Kommu Ramesh vs Nallamalli Bapireddy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 1491

NYAPATHY VIJAY
Kommu Ramesh – Appellant
Versus
Nallamalli Bapireddy – Respondent

Advocates:
Advocate Appeared:
For the Appellant : A.S.C. Bose

JUDGMENT :

1. Present civil revision petition is filed challenging the order dated 13.07.2023 in IA No.82 of 2023 in OS No.90 of 2019 passed by the Additional Junior Civil Judge-cum-Additional Judicial First Class Magistrate, Ramachandrapuram. The petitioner herein is the defendant in the Suit.

2. The respondent herein filed Suit in OS No.90 of 2019 seeking for recovery of Suit amount of Rs.4,68,346/- with subsequent interest. During the Course of Trial, the petitioner herein/defendant filed IA No.82 of 2023 under Section 45 of EVIDENCE ACT , to determine the age of the ink of the signature on the alleged Suit promissory note dated 26.06.2016 and year of the used revenue stamp on the alleged suit promissory note of Government Hand Writing Expert, Forensic Laboratory, Red Hills, Hyderabad and to submit report.

3. The said application was opposed by the plaintiff. The Trial Court after considering rival contentions dismissed the IA. Hence, the present CRP is filed.

4. Heard Sri A.S.C. Bose, learned Counsel for the petitioner. Notice to the respondent through Trial Court Advocate, was served and proof of service is filed. None appeared for the respondent.

5. The case of the petitioner is