Madras High Court
M.Sundaramoorthy vs G.Krishnaveni on 6 July, 2021
CRP(PD)No.1219 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
CRP(PD)No.1219 of 2020
and
CMP.No.6590 of 2020
[Through Video Conferencing]
1.M.Sundaramoorthy
2.N.Vasantha ... Petitioners/Defendants
vs
1.G.Krishnaveni
2.G.Ramesh
3.G.Revathi
4.P.Manjula ... Respondents/Plaintiffs
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
of India seeking to set aside the fair order and decreetal order dated
31.01.2020 made in I.A.No.3 of 2019 in O.S.No.25 of 2013 on the file of the
learned Principal District Munsif, Tiruvallur.
For Petitioners : Mr.A.Babu
For Respondents : Mr.J.R.K.Bhavanantham
*****
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CRP(PD)No.1219 of 2020
ORDER
The defendants in O.S.No.25 of 2013 now pending on the file of the
Principal District Munsif Court, Tiruvallur are the revision petitioners herein.
2.They are aggrieved by the order dated 31.01.2020 in I.A.No.3 of 2019.
3.The said Interlocutory Application had been filed by the revision
petitioners/defendants under Order XXVI Rule 10 A of the Code of Civil
Procedure seeking appointment of an Advocate Commissioner for receiving 3
documents namely Exs.B6, B7 and B8 and to compare them with Exs.B32,
B33 and B34 which documents had been received from the Sub Registrar
Office at Thiruvallur.
4.The purpose for such comparison is to find out whether the signature
found in both documents are of the same person. It is also stated that the thumb
impression may also be compared.
5.The suit is now at the stage of arguments. Recording of evidence had
concluded. Both parties do not complain that opportunity had not been granted
during the course of adducing evidence.
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CRP(PD)No.1219 of 2020
6.Various contentions are put forth over which it may not be proper on
my part to delve on particularly, since it might touch on the merits of the
contentions of the parties.
7. Let me restrict myself to the issue of comparison of signatures and
thumb impression found in Exs.B6, B7 and B8 which that of what is stated to
be admitted signatures in contemporaneous documents namely Exs.B32, B33
and B34.
8.There had been an earlier round of litigation seeking similar relief in
I.A.No.1631 of 2017. That application came to be dismissed on 27.02.2018. At
that particular point of time Exs.B6, B7 and B8 were requested to be compared
with the documents available with the office of the Sub Registrar.
9.That order was taken up in revision in CRP(PD) No.2768 of 2018 and
by order dated 23.06.2021, a learned Single Judge of this Court had dismissed
the said revision petition.
10.It had been stated that the execution of B6, B7 and B8 itself had been
denied and therefore the learned Judge held that the dismissal of the petition
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CRP(PD)No.1219 of 2020
by the District Munsif was correct in law and on facts.
11.As stated above a subsequent application came to be filed.
12.That application was also dismissed by the learned District Munsif.
In the course of order he pointed out the order in the earlier revision petition
and stated that the petitioners/defendants are trying to get the same relief
which had been rejected again by filing an application for the very same relief.
13.It was stated that once an application has been dismissed after
appreciation of the facts then a second application for the same relief cannot be
entertained.
14.This observation is seriously objected by Mr.A.Babu, learned counsel
for the revision petitioner who pointed out that now contemporaneous
documents namely B32, B33 and B34 are available and therefore, the
signatures therein could be compared with Exs.B6, B7 and B8.
15.However, Mr.J.R.K.Bhavanantham, learned counsel for the
respondents disputed such contention. The learned counsel stated that the
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CRP(PD)No.1219 of 2020
earlier order in the Civil Revision Petition mentioned above is binding on the
revision petitioners and the Court may not pending by comparing signatures in
the documents, execution of which contention is denied.
16.Mr.A.Babu, learned counsel also relied on two judgments namely
(1996) 2 SCC 704 (O.Bharathan vs. K.Sudhakaran and another) and also
(1998) 3 Law Weekly 407 (Bomma Naicken vs. Chinna Gounder and
another).
17.The proposition that it would not be advisable for any Court indulges
in comparing the signatures in a doubt, by itself is correct, since the Presiding
Officer are not experts to do so.
18.Order XXVI Rule 10 (A) is as follows:
“Commission for scientific investigations.-
(1) Where any question arising in a suit involves
any scientific investigation which cannot, in the opinion
of the Court, be conveniently conducted before the Court,
the Court may, if it thinks it necessary or expedient in the
interests of justice so to do, issue a commission to such
person as it thinks fit, directing him to inquire into such
question and report thereon to the Court.”
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CRP(PD)No.1219 of 2020
19.If in the opinion of the District Munsif, on examination of the
evidence available it would be advisable to seek the assistance of experts, then
as provided under Order XXVI Rule 10 (A), the Court in the interest of justice
can always issue a commission.
20.I would thus give a liberty to the learned District Munsif to, at that
stage, if it is deemed required, come forward for appointment of an Advocate
Commissioner to forward the documents for comparison of signatures and
thumb impressions.
21.Let the Court consider the arguments by either side and to come to a
conclusion based on evidence and pleadings.
22.I would therefore refrain from interfering with the order under
revision and would rather direct the learned District Munsif to proceed further
with analyzing the documents, analyzing the pleadings, analyzing the evidence
on the documents and pleadings and thereafter come to a conclusion whether
in the interest of justice, appointment of a commissioner is required or not.
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CRP(PD)No.1219 of 2020
23.No further directions are required and I am confident that the suit
itself would be disposed of within a reasonable period of time. If the learned
District Munsif has an iota of doubt then in the interest of justice he/she may
take a decision to forward the documents for verifying the signatures/thumb
impressions.
24. With the above directions, the Civil Revision Petition is disposed of.
Consequently, the connected miscellaneous petition also stands closed. No
order as to costs.
06.07.2021
Index:Yes/No
Internet:Yes/No
ssi
To
1.The Principal District Munsif, Tiruvallur.
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CRP(PD)No.1219 of 2020
C.V.KARTHIKEYAN, J.
ssi
CRP(PD)No.1219 of 2020
06.07.2021
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