Learned Counsel For vs Unknown
2023 Latest Caselaw 3838 AP

             HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI

                           MAIN CASE No.: C.R.P.No.1440 of 2023

                                       PROCEEDING SHEET

Sl.
No      DATE                                 ORDER                                OFFICE
                                                                                   NOTE

2.    08.08.2023   UDPR, J

                                       C.R.P.No.1440 of 2023

                         Learned counsel for petitioner is permitted to take
                   out personal notice to the respondent by RPAD and file

proof of service.

List the matter on 24.08.2023.

I.A.No.1 of 2023 Heard learned counsel for petitioner. The submission of learned counsel for petitioner is that, despite taking specific plea in his written statement that the petitioner/defendant did not execute any pro-note and he did not sign on the same, and that the suit pro-note is a rank forgery and in order to establish the same, the petitioner filed I.A.No.146 of 2023 to refer Ex.A1 suit pro- note to the hand writing expert, but the same was dismissed on the sole ground that the petition was filed as part of delay tactics and the Court could compare the signatures by exercising the power under Section 73 of Indian Evidence Act.

Learned counsel would submit that when the party requests for sending a document to the expert, the Court generally shall not refuse, as that is one of the modes of disproving the claim of the plaintiff.

Learned counsel would further submit that the matter is now posted for judgment on 10.08.2023.

The point of argument raised by the petitioner needs a detailed hearing when the respondent put up appearance.

List the matter on 24.08.2023.

In the meanwhile, there shall be stay of all further proceedings including the pronouncement of judgment in O.S.No.166 of 2021 on the file of learned Principal Junior Civil Judge, Visakhapatnam.

________ UDPR, J

Note: Issue C.C. today i.e., on 08.08.2023. The Registry is directed to transmit a copy of this order to the Court of Principal Junior Civil Judge, Visakhapatnam through the Principal District Judge, Visakhapatnam immediately.

B/o NNN