When the plaintiff has accepted the signature of the defendant as the admitted signature, there can be no objection to the Court to send the same for experts opinion. The present one is a converse case where the defendant himself wants his signatures available in the suit record to be treated as admitted signatures. The plaintiff cannot be put to the risk of sending such signatures for experts opinion unless he has agreed for the proposal of the defendant. As respondent No.1 objected to the petitioners request and in the absence of availability of admitted contemporaneous signatures, the lower Court has rightly rejected the petitioners request. Therefore, I do not find any illegality or jurisdictional error in the order of the lower Court for interference by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

When the plaintiff has accepted the signature of the defendant as the admitted signature, there can be no objection to the Court to send the same for experts opinion. The present one is a converse case where the defendant himself wants his signatures available in the suit record to be treated as admitted signatures. The plaintiff cannot be put to the risk of sending such signatures for experts opinion unless he has agreed for the proposal of the defendant. As respondent No.1 objected to the petitioners request and in the absence of availability of admitted contemporaneous signatures, the lower Court has rightly rejected the petitioners request. Therefore, I do not find any illegality or jurisdictional error in the order of the lower Court for interference by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

Popular posts from this blog

Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

Or.39, rule 7 of C.P.C - Petition for preservation of properties belongs to the petitioner - as the Govt. is going to demolish the building in road widening scheme - Or.39, rule 1 made absolute against the petitioner infavour of the respondent - Trial court allowed the Petition wrongly - their lordships held that In a suit for injunction, though the question of possession as on the date of filing of the suit is most relevant, there may be other ancillary and incidental questions as to the conduct of the parties before the Court. The concept of possession in law should take in its spectrum all rights, liabilities, immunities and claims vis-`-vis the property which is said to be in possession. When the Court recorded a prima facie finding that Gayatri bai is in possession, she was also in law entitled to take advantage of that presumption. Unless the defendant properly pleads and proves at the earliest stage regarding any such movables or immovables attached to the immovable property, no defendant can be heard of saying that his belongings were lying in the disputed property. - 2015 A.P.(2001) MSKLAWREPORTS

Cancellation of Bail with out completing the investigation by police about threat on defacto complainant , is a premature one - - 2015 TELANGANA & AP.MSKLAWREPORTS