O R D E R:

This Civil Revision Petition is filed against the Order dated

21.04.2022 in I.A.No.109 of 2022 in O.S.No.171 of 2016 on the file of the Senior Civil Judge, Ramachandrapuram.

02. Heard Sri K. Jyothi Prasad, learned Counsel for the Petitioner and Sri Ghanta Sridhar, learned counsel for the Respondent and perused the material available on record.

03. The Petitioner is the Defendant and the respondent is the Plaintiff in O.S.No.171 of 2016 on the file of the Senior Civil Judge, Ramachandrapuram.

04. For convenience, the parties are referred to as plaintiff and defendant as arrayed in the trial Court.

Facts:

05. The case of the plaintiff is that the defendant borrowed an amount of Rs.9,00,000/- from him and executed a suit promissory note in his favour after receipt of cash consideration in the presence of the attestors and scribe. In spite of several requests made by the Plaintiff, the defendant did not choose to clear off the debt due under the promissory note, and as such, the plaintiff got issued a registered legal notice on 30.05.2016. The Defendant gave reply to the Notice issued by the plaintiff denying the averments made in the Notice. Thereafter, the plaintiff filed the above said suit against the defendant.

06. It is the further case of the plaintiff that initially the defendant filed I.A.No.2036 of 2017 to send the suit Promissory Note-Ex.A.1 to the handwriting expert for comparison of his signature in the Ex.A.1 with the admitted signatures and the same was allowed. After careful examination, the Expert opined that the signature on the Ex.A.1 is tallying with the admitted signatures. Thereafter, with an intent to drag on the matter, the defendant field I.A.No.109 of 2022 to examine the age of ink used for fill up the blanks in printed promissory note and also the age of the inks relating to his signature on Ex.A.1 to find out the age of the used inks on Ex.A.1 with the age of paper of Ex.A.1. But, the trial Court, after considering the facts and circumstances of the case, dismissed the petition observing that already expert opinion is received by this Court in I.A.No.2036 of 2017, in which the defendant’s signature proved on Ex.A.1 Promissory note. As such, the present Civil Revision is devoid of merits and it is liable to be dismissed.

Contention of the petitioner:-

07. Learned counsel for the petitioner/defendant submits that the trial Court failed to give reasons, much less valid reasons for dismissing the application. From the beginning, the petitioner is contending that he never borrowed any amount from the respondent and never executed any promissory note in favour of the plaintiff and the suit promissory note is a rank forgery, and as such, the intention of the petitioner to send the document for determination of age of the ink and age of the paper is genuine and necessary for proper adjudication of the matter. The trial Court ought to have seen that the opinion of the handwriting expert cannot be looked into to decide the issue in the matter and the same can be used as a corroborative to the material evidence on record. He further submits that with the advancement of Science and Technology, the determination of the age of ink with accuracy is now possible and if it is scientifically established that there is a reasonable gap between the age of two inks, certainly that finding will help the petitioner to establish his defense. Therefore, he prays to allow the present Civil Revision Petition.

08. In support of the contentions of the petitioner, he relied upon the following judgments, which were relied on before the trial Court: i) G.V. Rami Reddy v D. Mohan Raju 1 . ii) Pendyala Chakrarao v Somu Rayudu 2

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09. Learned counsel for the respondent submits that even if the difference in the age is ascertained by the said orga