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2015 Supreme(Kar) 312

RAM MOHAN REDDY
R. Gangadhara – Appellant
Versus
Ramakrishna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:B.S. Prasad, Advocate.
For the Respondent:Manjunatha Pattanashetty, Advocate.

Judgment :

1. Rejection of petitioner’s I.A.No.4 under Order 26 Rule 10-A CPC by order dated 15.6.2013 in O. S. No. 134/2012, of the 1st Addl. Civil Judge & JMFC, Bhadravathi, has resulted in this petition by the defendant.

2. Respondent instituted the suit for recovery of money, which was opposed, by filing written statement of the petitioner, arraigned as defendant, alleging that during the year 1996 his father-in law by name N. Krishne Gowda obtained a loan from the plaintiff while petitioner affixed his signature to a blank pro- note as a security for due repayment of the loan. In other words, admitted the execution of the document but alleged that it was meant to be as a security for the loan advanced to his father-in- law.

3. The trial court framed issues, parties entered trial, recorded the testimony of their respective witnesses and marked documents. On conclusion of the trial, petitioner filed I.A.No.4 under Order 26 Rule 10A CPC to direct a scientific investigation/chemical examination and comparison of the ink to ascertain whether signatures of the petitioner Ex.P-1(a) and Ex. P- 2(a) are affixed on 15.8.2010 as alleged in the pro-note and consideration receipt and the oth






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