ORDER

The petitioner has filed this Civil Revision Petition to set aside the Fair and Decretal order, dated 03.02.2016 passed in I.A.No.67 of 2016 in O.S.No.131 of 2011 on the file of the Subordinate Judge, Valliyoor.

2.The petitioner is the defendant. The respondent is the plaintiff. The respondent filed suit in O.S.No.131 of 2011 before the Sub Court, Valliyoor, for recovery of money based on Ex.A1. The petitioner denied the signature in Ex.A1. The respondent filed I.A.No.67 of 2016 for appointment of Advocate Commissioner for obtaining opinion from the handwriting expert by comparing the signature in Ex.A1 with admitted signature in summons, written statement and deposition. The petitioner opposed the said application on the ground that those documents are not contemporaneous documents. The contemporaneous document of Ex.A1 only can be sent for comparison. The signature in Ex.A6 is only a Xerox copy and signature in the Xerox copy cannot be compared for obtaining expert opinion.

3.The learned Judge considering the averments made in the affidavit and counter affidavit and perusing the materials on record, allowed the application relying on the judgment reported in 2008(4) L.W. 687 (