B.VEERAPPA
B. G. Mruthyunjaya – Appellant
Versus
State Bank of Mysore, Chitradurga – Respondent
B. Veerappa, J.
This is the defendant's writ petition against the Order dated 20.07.2016 on I.A. No.3 in O.S. No.246/2010 on the file of the II Addl. Civil Judge, Chitradurga rejecting the suit filed by the defendant under Order 26, Rule 10 (A) of the Code of Civil Procedure for appointment of a Court Commissioner for scientific investigation to verify and compare the undisputed signatures of defendant No.1 found in Exs.P-1 to P-4 and disputed signatures found in Ex.P-6 to P-11.
2. The 1st respondent who is plaintiff/Bank had filed a suit for recovery directing the defendants to pay the plaintiff a sum of Rs. 1,39,934/- together with interest at 11.5% per annum compounded monthly from the date of the suit till the date of realization contending that the defendants 1 and 2 are the borrower and the guarantor respectively. Defendant No.1 was doing business and he is proprietor of Mruthyunjaya Motors and defendant No.2 was also doing business. Both were having sufficient income in their respective business. The 1st defendant had approached the plaintiff/bank for financial assistance of Rs. 75,000/- as cash credit facility and other bona fide purpose for the said business. Accordin
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