S.RAJESWARAN
Xavier (deceased) & Another – Appellant
Versus
Vaidooriyam & Others – Respondent
The Petitioner is challenging the Order dated 05.02.2008 made in I.A.No.5915 of 2006 in O.S.No.967 of 1999 on the file of the XII Assistant Judge, City Civil Court, Chennai.
2. The second plaintiff in O.S.No.967 of 1999 on the file of the XII Assistant City Civil Court, Chennai is the revision petitioner before this Court. He is aggrieved by the order of the trial court in I.A.No.5915 of 2006 filed by him to send the original of Ex.B4 Sale deed dated 24.04.1969 along with the original of Ex.A3, A23 and A28 to compare the signature of S.A. Lazarous found there and to give a report. The trial court dismissed the I.A.No.5915 of 2006 on 5.02.2008 by holding that as the suit has been pending for more than seven years and as the trial court itself got ample powers to compare the disputed signatures with the admitted signatures, it does not find any validity or valid reason to send the original Ex.B4 to Hand writing expert at that stage.
3. Heard the learned counsel for the revision petitioner and Mr. R. Krishnamoorthy, the learned Senior counsel for the third respondent/Caveator. I have also gone through the entire documents available in the record.
4. O.S.No.967 of 1999 has b
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