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1978 Supreme(Ker) 202

P.JANAKI AMMA
KORAGAN – Appellant
Versus
KORAN – Respondent


Judgment :-

1. The petitioner is the defendant in a suit filed by the plaintiff-respondent on a promissory note. The note is alleged to have been executed by the petitioner in favour of one Kariyan. Out of the amount due under the promissory note, the petitioner is alleged to have repaid Rs. 300/- and made an endorsement on the pro-note. Kariyan subsequently assigned his rights under the promissory note to the respondent, who is the plaintiff in the suit. The petitioner resisted the suit and denied the execution of the promissory note, the receipt of consideration and also the signature or thumb impression of the alleged endorsement. The respondent tiled I. A. No. 1829 of 1977 to send the promissory note to the Finger Print Expert, Trivandrum. The application was allowed and the promissory note was sent for expert opinion. The opinion of the expert is that the thumb impression on the promissory note is that of the revision petitioner. The revision petitioner challenged the correctness of the above opinion and filed I.A. No. 434 of 1978 praying that the suit promissory note be sent to another expert for comparison and report. The Court passed the impugned order dismissing the petiti








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