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1991 Supreme(Mad) 160

ABDUL HADI
Venkatalakshmiah – Appellant
Versus
Venkatappa and Another – Respondent


Appearing Advocates:M.V. Krishnan, Advocate.

Judgment :-

This civil revision petition by the 1st defendant is against the order dated 21-9-1990 in I.A. No. 389 of 1990 refusing to send the disputed signature of the plaintiff in the registered sale deed dated 16-11-1968 to the Handwriting Expert for obtaining his opinion. The suit is for declaration of the 1st respondent plaintiffs title to the suit properties and for consequential injunction. The 1st defendant father and the 2nd defendant-son resist the suit on the ground that the 1st defendant purchased the suit property from the plaintiff's father himself by the above said sale deed dated 16-11-1968 and in the said deed, the plaintiff is the attestor. While the plaintiff was in the witness box in December, 1989 as P.W. 1, he denied that he signed the said sale deed as attestor. So, on or about 6-4-1990 before the defendants began to lead their evidence, they filed the abovesaid I.A. with a view to prove the signature of the plaintiff as attestor in the said deed.

2. The. Court below has dismissed the said I.A. relying on my judgment reported in R.Ramaswamy v. Seethammal (1990) 106 Mad LW 15 and observing that the Court itself can come to a decision on the said disputed signa




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