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2003 Supreme(Mad) 1568

R.BANUMATHI
K. K. Swaminathan – Appellant
Versus
Srinivasagam – Respondent


Advocates Appeared:For the Petitioner:Mr.A.Venkatesan, Advocate. For the Respondents:Ms.M.B.Dominique, Advocate for Mr.P.Duraisamy.

Judgment :-

This Revision Petition is directed against the order of II Additional District Munsif, Coimbatore in I.A.No.98/2001 in O.S.No.2473/1996 (dated 16.03.2001) dismissing the Application to send the Promissory Note dated 24.11.1983 to Handwriting Expert for the purpose of comparison of the signature thereon with the admitted signatures in the presence of the Officer of the Court.

2. This Revision Petition arises out of the following common grounds:-

(i) O.S.No.352/1986 - II Additional Subordinate Judge, Coimbatore:

The Respondent / Defendant filed this Suit for recovery of Rs.15,672/= on Promissory Note for Rs.12,000/= (dated 24.11.1983). Revision Petitioner contested the said suit. In the said suit, the main contention raised by the Revision Petitioner was denial of execution of the said Promissory Note. In the said suit, Revision Petitioner had filed Application in I.A.110/1987 for sending the Suit Promissory Note to obtain the opinion of the Handwriting Expert and the same was dismissed. After full trial, O.S.No.352/1986 was decreed.

(ii) A.S.No.38/1987:-

Aggrieved over the decreeing of the suit, the Revision Petitioner has filed this Appeal before District Judge, Coimbatore.


































































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