APHC
Venkateswarlu Nimmagadda, J
Amburi Eswari – Appellant
Versus
Jagathapu Sujatha – Respondent
CIVIL REVISION PETITION NOs:1365 and 1399 of 2026
Since the subject revision petitions arise out of a common order dated 10.02.2026, this Court is inclined to decide these revision petitions by way of a common order.
These Civil Revision Petitions are filed under Article 227 of the Constitution of India aggrieved by the common order dated 10.02.2026 passed in I.A.Nos. 730 and 731 of 2025 in O.S.No.380 of 2018 on the file of Additional Civil Judge (Senior Division), Ongole.
Heard learned counsel for the petitioner.
The petitioner herein is the defendant in the Suit and the respondent herein is the plaintiff in the suit. For convenience of the Court, the parties herein are referred as arrayed in the Suit.
The case of the petitioner/ defendant is that the respondent/plaintiff filed a Suit against the defendant by fabricating her signatures on Ex.A1/suit promissory note dated 02.08.2015 with the help of her followers. It is further stated that the defendant’s signatures were rank forged and fabricated by the plaintiff. It is also submitted that the defendant was examined as DW-1 in the Suit, the said fact was duly asserted before the Court.
The further case of the petitioner/ defendant is that it is necessary to send the disputed signatures of Ex.A1/suit promissory note dated 02.08.2015 with her admitted signatures on LIC Policy Bond No. 805070207 dated 27.03.2015 to the Handwriting Expert to get opinion regarding genuineness of the signature affixed on Ex.A1. Hence, it is necessary to call for the original LIC Policy Application No.805070207 and to send the same to the Handwriting Expert along with Ex.A1/Suit Promissory Note dated 02.08.2015.
It is further argued that plaintiff filed C.C.No.318 of 2017 on the file of Judicial Magistrate of First Class-cum-Excise Court, Ongole, against the defendant’s husband under section 138 of the Negotiable Instruments Act, 1881. In the said case, the husband of the defendant filed a petition vide Crl.M.P.No.4347/2023 to send the Original Promissory Note in O.S.No.380/2018 to the Handwriting Expert for comparison of the signatures of defendant. Further, the defendant’s husband also filed another petition vide Crl.M.P.No.4345/2923 under section 45 of the Indian Evidence Act, on the file of the Judicial Magistrate of First Class-cum-Excise Court, Ongole, to send the Ex.D2 to Ex.D4 and Ex.D6 to the Handwriting Expert for comparison of signatures and handwriting on it with the signatures and handwriting of Defendant, wherein, the Excise court was pleased to allow the same on 30.09.2024 directing the applicant therein to send the Ex.D2 to Ex.D4 and Ex.D6 for comparison of signatures of defendant, with her admitted documents of contemporary period, relating to the years 2014 and 2015 LIC Policy Bond No. 805070207 dated 27.03.2015 to the Expert, for examination of her signatures and handwriting.
Thereafter, the Handwriting Expert (FSL) i.e., Joint Director, APFSC, Mangalagiri, returned the said documents vide letter dated 26.11.2024 to the Judicial Magistrate of First Class-cum-Excise Court, Ongole, with opinion that the standards received are exhibiting lot of variations among themselves and it is not possible to offer any opinion on the available standards and those documents are returned. Hence, the defendant filed I.A.Nos. 730 and 731 of 2021 seeking following reliefs:
“I.A.No.730 of 2021 is filed by the defendant in the suit under Section 39 of Bharatiya Sakhsya Adhiniyam, 2023 and Section 45 of the Indian Evidence Act, 1872 requesting to send Ex.A1/ Suit Promissory Note dated 02.08.2015 to the Handwriting Expert for comparison of signatures of the petitioner/ defendant appearing on the disputed Ex.A1/ Suit Promissory Note dated 02.08.2025 with her admitted signatures on LIC Policy Bond No.805070207 dated 27.03.2015 of the petitioner which is of the relevant period.
I.A.No.731 of 2025 is filed by the defendant in the Suit, under Order XVI Rule 5 and Section 151 of CPC, with a prayer to send for
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