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1981 Supreme(All) 271

A.N.VERMA
SHITLA PRASAD – Appellant
Versus
ALLAHABAD FINANCE CORPORATION – Respondent


Advocates Appeared:
S.P.KUMAR, Shiv Shankar Pandey

A. N. VARMA, J.

( 1 ) THIS revision is directed against an order passed by the III Additional District Judge, allahabad recalling an earlier order passed by him on 28-1-1978, by which he had directed that the specimen signature of Amrit Lal, the defendant in the suit, be taken in court.

( 2 ) IT appears that after the aforesaid order dated 28-1-1978 had been passed it was brought to the notice of the Court that there were already on the record three signatures of the defendant, which were taken before the court and that, therefore, there was no necessity for fresh signatures. The applicant challenges the correctness of the above order by way of a revision under Section 115 of the Code of Civil Procedure.

( 3 ) I find no merits in this revision. In the first place, the court has committed no jurisdictional error in passing the impugned order. Secondly, the order under revision is not a case decided within the meaning of Section 115 of the Code of Civil Procedure. Thirdly, even on merits the order seems to be correct.

( 4 ) LEARNED counsel, relying on Section 73 of the Evidence Act, contended that the signatures, to which reference has been made by the court below were not admitted b






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