Civil Revision Petition No. 4669 of 2010 · High Court

This civil revision petition, under Article 227 of the Constitution of India, is directed against the order dated 21.08.2010 passed in I.A. No. 2902 of 2009 in O.S. No. 166 of 2007, whereunder the learned VIII Additional Senior Civil Judge, Ranga Reddy District, dismissed the

application filed by the petitioner herein, plaintiff in the suit, seeking to send Ex.B4 document to the Director of Finger Print Bureau to ascertain the age of the writings and also signature of the petitioner- plaintiff thereon. Heard the learned counsel for the petitioner-plaintiff and perused the order under revision and other material available on record. Admittedly, both parties in the suit adduced their evidence and after closure of evidence, the matter is coming up for arguments. At that stage, the petitioner-plaintiff came up with the present petition, contending that the document Ex.B4 is a concocted one with his signatures obtained in regard to some loan transaction and therefore it is necessary to send the document to finger print expert, so as to ascertain the age of the writings and his signature thereon. The petitioner-plaintiff filed the suit for declaration of ownership and for perpetual injunction, and he has to prove his tile to the suit property, by adducing sufficient oral and documentary evidence, and he cannot take the assistance of the fingerprint expert to support his case, that too at the stage when the suit is coming up for arguments. Further, the opinion of the fingerprint expert is not a conclusive proof. Thus, I am of the considered opinion that the learned Judge has rightly dismissed the present application of the petitioner-plaintiff and no exception can be taken thereto in exercise of supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The civil revision petition is devoid of merit and is accordingly dismissed. __________________ JUSTICE N.V. RAMANA 2nd November, 2010 IBL