Balaji v. D.Ramesh
Case brief
What is this about?
The High Court allowed a civil revision petition challenging the trial court's refusal to order a handwriting comparison of a disputed signature in a sale agreement. The Court deemed the initial refusal as failing to address legal merits and restored the case for analysis.
What did the court decide?
The impugned order is set aside; the sale agreement and passport to be forwarded to the Tamil Nadu Forensic Science Laboratory for handwriting comparison within two weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 02..12..2019 CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Civil Revision Petition No.3110 of 2019 and C.M.P.No.20385 of 2019
Balaji
... Petitioner
-Versus-
1.D.Ramesh 2.D.Govindaraj Balambal (Died) 3.Gowri
Natarajan (Died) 4.Premakumari 5.N.Prema 6.N.Sankar 7.S.Gowri 8.Jayaprakash
... Respondents
Petition filed under Article 227 of the Constitution of India, praying to set aside the the fair and decretal order dated 30.07.2019 made by the learned IV Additional Judge, City Civil Court, Chennai, in I.A.No.3 of 2019 in O.S.No.12175 of 2010.
For Petitioner : Mr.S.P.Arthi For Respondent(s) : Mr.H.Adaikala Arockiaraj for RR1 and 2
ORDER
This civil revision petition is directed against the order dated 30.07.2019 passed by the learned IV Additional Judge, City Civil Court, Chennai, in I.A.No.3 of 2019 in O.S.No.12175 of 2010 refusing to forward the disputed signature of the deceased found in the sale agreement for comparison with that of the admitted signature found in the passport issued to the deceased Udayakumar.
Issues for consideration
3 issues framed by the court
Whether the trial court correctly refused to forward a disputed signature for handwriting comparison given the significant delay in filing the application.
Whether setting aside the refusal to order handwriting analysis would cause prejudice to the respondents.
Whether the High Court should intervene under Article 227 to ensure the petitioner is given an opportunity to substantiate his defence.
Parties & counsel
- petitioner
Balaji
- respondent
D. Ramesh
- respondent
D. Govindaraj Balambal
Coram
Case details
As recorded by the court registry
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