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2008 Supreme(Mad) 4316

S.RAJESWARAN
Sundaramoorthy – Appellant
Versus
R. Palanisamy – Respondent


Advocates Appeared:
For the Petitioner:A.K. Kumaraswamy, Advocate.
For the Respondent:P. Valliappan, Advocate.

Judgment :-

This Civil Revision Petition has been filed by the petitioner/plaintiff to set aside the order dated 11.03.2008 passed in I.A.No.79 of 2008 in O.S.No.81 of 2007 on the file of Additional District Court, (F.T.C.), Erode.

2. The plaintiff in O.S.No.81 of 2007 is the revision petitioner before this Court. The suit in O.S.No.81 of 2007 was filed by the petitioner/plaintiff for recovery of money for a sum of Rs.6,46,000/-with interest. Written statement has been filed by the respondent/defendant and the suit is being contested. Pending suit an application in I.A.No.656 of 2007 was filed by the respondent/defendant to send the disputed documents to Forensic Science Department at Chennai to ascertain the age of the ink found in the disputed promissory note. However, the said application was withdrawn as not pressed by the respondent/defendant on 11.01.2008. Thereafter, an application in I.A.No.79 of 2008 was filed by the very same respondent/defendant under Section 45 of the Indian Evidence Act to send the suit promissory note to find out the age of the ink, through a Commissioner to be appointed in the above matter to hand over the original suit promissory note to the Direct









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