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S. SOUNTHAR
P. Eswaran – Appellant
Versus
K. Subramaniam – Respondent
ORDER :
(S. Sounthar, J.) :
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order in I.A.No.1 of 2019 in O.S.No.30 of 2017 dated 02.01.2024 of the learned Sub-Ordinate Judge, Thiruchengode.)
The Civil Revision Petition is filed challenging the order passed by the Trial Court dismissing the application filed by the petitioner seeking appointment of Advocate Commissioner to determine the age of the promissory note and the revenue stamp affixed thereon.
2. The respondent herein filed a suit for recovery of money based on promissory note. The petitioner, who was arrayed as defendant filed a written statement denying the execution of promissory note. It was his case that suit promissory note was executed as a security for one Subramaniam and there was no transaction between the petitioner and respondent. The petitioner filed an application in I.A.No.1 of 2019 seeking appointment of Advocate Commissioner to send the questioned promissory note dated 09.03.2016 to Nasik Mintz Factory for the purpose of ascertaining the age of the promissory note paper and also the age of the revenue stamp affixed thereon.
3. This Court in C.R.P(P
The absence of reliable scientific methods to determine the age of ink or documents limits the admissibility of such evidence in court, impacting the ability to establish the execution date of a prom....
The determination of the age of ink used in disputed documents through forensic methods is currently unfeasible, and applications for such must be timely and relevant; otherwise, they may be dismisse....
Promissory Note – Mere determination of age of ink/writing by an expert will not clinch the issue as to when exactly maker has written/signed document.
The absence of scientific methods to ascertain the age of ink invalidates applications to examine promissory notes for evidentiary purposes, emphasizing the need for substantive proof in legal procee....
The main legal point established in the judgment is that when a government expert has already stated that it is not possible to ascertain the age of the ink, and the party seeking expert opinion can ....
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