P.A. TO JUDGE v. CHITAMBARESH, J
Case at a glance
Outcome
Disposed of
The Original Petition is disposed of
Provisions considered
Judgment
V. CHITAMBARESH, J--------------------------------OP(C) NO. 2698 OF 2012------------------------------------Dated this the 11th day of October, 2012JUDGMENTThe suit is one for recovery of damages based on aconsent deed dated 12.03.2001 alleged to have been executedby the defendant in favour of the plaintiff. The defendanthowever disputed the consent deed whereupon the plaintiffsought for forwarding the document to an expert for analysis. The court below has by the order impugned rejected theprayer put forth by the plaintiff to forward the disputeddocument to an expert for comparison.2.The impugned order reflects that the request of theplaintiff was turned down mainly because steps in that regardwere not taken well ahead. Every endeavour should be madeto have the dispute disposed of on merits after affording theparties a full opportunity to adduce evidence. A report of theexpert after comparison of the consent deed would be anopinion evidence in terms of Section 45 of the Evidence Act.3.I therefore set aside the impugned order and allowI.A. No. 1347/2012 in O.S. No. 47/2011 on the file of the court 2OP(C) No. 2698/2012of the Munsiff of Ottappalam. The court below shall forward theadmitted and specimen signatures of the defendant to an expertfor comparison with the signatures found in the consent deeddated 12.03.2001 relied on by the plaintiff. Necessary steps inthat regard shall be taken within a period of six weeks from thedate of receipt of a copy of this judgment. The Original Petition is disposed of. No costs.V. CHITAMBARESH JUDGEncd
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Original Petition is disposed of
Which statutory provisions did this judgment involve?
Indian Evidence Act, 1872 — s. 45.
Which court decided this case, and when?
Kerala High Court, on 12 Jul 2012. The bench was V CHITAMBARESH.
Precedent status how later indexed judgments have treated this case
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