4.08.2023 Udpr vs Gopal. Referring To The Copy Of ...
2023 Latest Caselaw 3885 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                              C.R.P.No.1931 of 2023

                             PROCEEDING SHEET

Sl.
No     DATE                                                                         OFFICE
                                            ORDER

NOTE

01. 14.08.2023 UDPR, J

Heard learned counsel for the petitioner Sri G. Rama

Gopal. Referring to the copy of written statement, learned

counsel would submit that the defendant has taken a specific

plea that the petitioner and plaintiff are in living relationship

and the plaintiff knows her signature and taking advantage

of the same the plaintiff has created and fabricated the suit

document and filed the suit against the defendant and having

taken such a plea, the petitioner filed I.A.No.172/2023 to

refer the Ex.A1 suit promissory note to the hand writing

expert for comparison of the signatures of the defendant

with the signature contained on Ex.A1 but the trial Court

dismissed the petition on the ground that the petition is a

belated one and the Court can compare the signature by

exercising its power under Section 73 of the Evidence Act.

He would further submit that one of the modes of proving

the forgery of concerned document is to make an application

to refer the subject document to handwriting expert and

hence, such a right might not have been smothered by trial

Court on the sole ground of delay. Learned counsel further

submits that the matter is posted for judgment to

16.08.2023.

Having found prima facie force in the above

submission, there shall be stay of all further proceedings

including pronouncement of judgment in O.S.No.489/2021

on the file of Principal Junior Civil Judge-cum-Metropolitan

Magistrate, Visakhapatnam until further orders.

Post on 30.08.2023. The petitioner shall take out

personal notice on respondent by RPAD and file proof of

service in the meanwhile.

                                                  ________
                                                  UDPR, J
NOTE:    The Registry is directed to
        communicate a copy of this order to
        the concerned Court by fax
        forthwith.
                        (B/o)
                        krk