JUDGMENT (ANDHRA PRADESH HIGH COURT)

ANDHRA PRADESH HIGH COURT

Before :- R. Subhash Reddy, J.

Civil Revision Petition Nos. 314 and 317 of 2013. D/d. 14.06.2013.

Rytu Depot, Draksharamam, East Godavari District and other – Petitioner

Versus

Sri Rajyalakshmi Agencies, Ramachandrapuram and others – Respondent

For the Petitioner :-Mr.K.Chidambaram, Advocate.

For the Respondent :- Mr.J.Sreenivasa Rao, Advocate.

Civil Procedure Code, 1908, Section 15-Evidence Act, 872, Section 45- Expert opinion on signature – Validity of – Instant Case, Respondents filed the above suit for recovery of money based on certain transaction against the petitioners – One who is related to the petitioners has signed on several invoices and the same were filed into the court- Petitioners stating that the same are forged one – Respondents have filed the present applications seeking to send the disputed signature for expert opinion, for comparison of the same with his admitted signatures – Present revision against the same – Held, signature on a carbon copy of a document can be looked into for comparison as it is not a case of ascertaining the age of the document or ink – As the case of respondents is based on those invoices signed by a third party to suit who is admittedly related to petitioners, nothing wrong in the order passed to call him as a witness – It is for the court to decide to summon such third party as a witness or not. No merit in the contention raised by petitioners- Revision dismissed.

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