P.DEVADASS
V. Ramakrishnan – Appellant
Versus
G. Ravishankar – Respondent
P. Devadass, J.—The defendant in O.S.No.79 of 2013 is the revision Petitioner herein.
2. The respondent/Plaintiff instituted the said suit based on a suit promissory note for recovery of Rs.24 lakhs together with interest.
3. The revision Petitioner resisted the suit by filing written statement. Subsequently, he also filed Additional Written Statement raising several contents. Issues were framed. The suit was put on trial. P.W.1/Plaintiff deposed in chief.
4. At this juncture, I.A.No.62 of 2015 has been filed by the defendant to send Ex.A1-promissory note for examination and opinion of the Handwriting Expert/Hallowgraphist. It was opposed to by the plaintiff. The trial Court came to the conclusion that it is an attempt to derail the trial.
5. According to the learned counsel for the revision petitioner, the suit promissory note has been caught by the vice of material alteration. It is an void instrument. To establish the material alteration, examination of Ex.A1 by an expert has become necessaary.
6. The very same contention which was placed before the trial Court has been placed before us by the by the respondent.
7. I have considered the rival submissions, perused the materials on
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