9911796707
TMI Blog2021 (10) TMI 1365X X X X Extracts X X X X X X X X Extracts X X X X ..... Revision Petition is allowed. - C.R.P. (MD). No. 601 of 2021 and C.M.P(MD) No.3344 of 2021 - - - Dated:- 7-10-2021 - Honourable Mr. Justice K. Murali Shankar For the Petitioner : Mr. J. Barathan. For the Respondent : Mr. D. Venkatesh. ORDER The Civil Revision Petition is directed against the order passed in I.A.No.100/2020, in O.S.No. 5 of 2019, dated 05.01.2021, on the file of the Additional District Judge (Fast Track Court) Palani, in allowing the petition filed under Section 73 of Indian Evidence Act and under Order 26 Rules 9 and 10 of the Code of Civil Procedure. 2. The revision petitioner is the plaintiff and he filed the suit in O.S.No.5 of 2019, for recovery of money due on a promissory note. The respondent/defendant has filed the written statement and is contesting the suit. 3. The case of the plaintiff is that the defendant borrowed a sum of Rs. 30,00,000/- on 04.10.2016, for his family expenses and for constructing building from the plaintiff and executed a promissory note agreeing to repay the principal amount with interest at 12% per annum either to the plaintiff or to his order on demand, that despite the repeated requests, the defendant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r attachment of the petition mentioned properties therein before judgment and that the Principal District Court, after enquiry, has passed an order dated 02.04.2019, dismissing the said petition. Aggrieved by the said dismissal order, the plaintiff has preferred an appeal in C.M.A(MD)No.632 of 2019, before this Court and this Court, after recording the undertaking given by the learned Counsel for the defendant, that the defendant will not alienate the petition mentioned properties, disposed of the appeal, vide order dated 28.08.2019. In the said order, this Court has directed the Principal District Court, Dindigul, to dispose of the suit within a period of one year from the date of receipt of copy of that order. 8. It is further evident that subsequently, after the constitution of the Additional District Court at Palani, the above suit was transferred and the same is now pending before the Additional District Court, Palani. 9. The defendant has, thereafter filed the above petition in I.A.No.100 of 2020, under Section 73 of Indian Evidence Act and Order 26 Rules 9 and 10 of C.P.C, for appointment of the Advocate Commissioner to take the suit promissory note to the Forensic Sci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same effectively on a particular date for the first time would not resolve any controversy, but it would create only confusion. 34. When there is no scope for scientific investigation, Commissioner cannot be appointed, under Order 26 Rule 10A CPC. On the facts and circumstances of the case on hand, it is clear that the age of the ink could not be decided by any expert, as the same ink was used by the scribe, who wrote the minutes of the meeting. It is also relevant that five other Directors, who have admittedly signed have not raised any plea of subsequent interpolation or forgery, hence, the application filed under Order 26 Rule 10A CPC is not legally sustainable. Except causing delay in the disposal of the suit, allowing the petition would not serve any other purpose and there is no scope for scientific investigation. (2) (2015)-1-LW (Crl.) 338: A. Inayathullah Vs. A.Ramesh: 5) Paragraph Nos. 7 to 9 of the Judgment in R. Jagadeesan Vs. N. Ayyasamy, reported in 2010 (1) MWN (Cr.) DCC 97: 2010 (1) CTC 424, considered in panneerselvam's case, are extracted. '4. At the outset, the petitioner admits his signature in the cheque in question an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he writings cannot be found out at all to offer any opinion. 8. In view of the above clear and unambiguous statement made by no less a person than the Head of the Department of Forensic Science, I am of the view that the whole exercise adopted in various Courts in this State to send the disputed documents for opinion to the Forensic Department in respect of the age of the writings and the documents is only futile. If any document is so sent, certainly the department will say that no opinion could be offered. As a matter of fact, the Assistant Director would inform the Court that already many such documents, which were sent to them by various Courts in the State for such opinion, have been returned by them with the report that no such opinion could be offered. 9. In view of all the above, in my considered opinion, sending the documents for opinion in respect of the age of the writing on documents should not be resorted to hereafter by the Courts unless, in future, due to scientific advancements, new methods are invented to find out the age of the writings.' 6) After considering the said judgment, at Paragraph Nos.5 6 in Panneerselvam's case, this Court hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, this Court has no hesitation to hold that the impugned order is not good in law and the same is liable to be set aside. 15.The learned Counsel for the plaintiff would submit that though this Court, in the earlier revision, has directed the Trial Court to dispose of the suit within a period of one year, in the present Revision, this Court has granted stay of further proceedings and that therefore necessary direction may be issued for the early disposal of the suit. 16.Considering the facts and circumstances of the case and also the fact that this Court has already fixed the time limit for disposal of the suit and the same was not complied with, as the proceedings were subsequently stayed by this Court in the present revision, this Court is of the view that necessary directions are to be issued for the early disposal of the suit. 17.In the result, the Civil Revision Petition is allowed and the impugned order passed in I.A.No.100 of 2020, dated 05.01.2021 on the file of the Additional District Court Palani, is set aside. The Trial Court is directed to dispose of the suit within three months from the date of receipt of copy of this order. No costs. Consequently, the connect ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
