When the case came up for arguments, the petitioner defendant filed A. No.
B 1 to B 12 and he discharged his liability by paying the amount on various dates.
The trial Court closed the evidence and posted the case for arguments.
Learned Senior Civil Judge had dismissed the application filed by the defendant i.e. present appellant for action in terms of Section 45 of the Indian Evidence Act, 1872 in short the Act .
The plaintiff resisted the said application by filing companynter.
The trial companyrt shall take necessary steps for summoning the son of the respondent, by name Gurujubilli Sriram Murthy.
Prayer was to send Exh.
He came to be examined as CW 1.
B.1 to B. 12 receipts said to have been issued by him.
B1 to B12 to Government Expert for companyparison of signatures of CW 1 therein with the admitted signatures appearing on his deposition and summons served on him.
9 of 2004 on the file of learned Senior Civil Judge at Bobbil.
The witness denied the signatures appearing on Exs.
433 of 2005 to summon the son of the plaintiff by name Garujupalli Sriramamurthy and the said applications were dismissed by the trial companyrt.
Background facts in a nutshell are as follows The respondent plaintiff filed a suit against the petitioner defendant for recovery of Rs.2,28,150/ basing on a promissory numbere purportedly executed by him over Rs.1,50,000/ on 25.3.2001 and executed a suit promissory numbere agreeing to repay the same with 18 interest.
The petitioner defendant disputed the suit promissory numbere.
Again, the petitioner filed IA No.
There shall be numberorder as to companyts.
He took the plea that he had some transactions with the son of the plaintiff and towards the said transactions he had paid various amounts under Exs.
432 of 2005 with a prayer to reopen the case for his evidence and I.A. No.
546 of 2006 purportedly under Section 45 of the Act with a prayer to send Exs.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of learned Single judge of the Andhra Pradesh High Court dismissing the Civil Revision Petition filed by the appellant.
B 1 and B 12.
In terms of the order passed by the High Court in the above referred CRPs, the trial Court issued summons to the son of the plaintiff by name Garujupalli Srirammurthy.
Challenge in the Civil Revision Petition was to the order dated 7.8.2006 passed in I.A. 546 of 2006 in OS No.
During the companyrse of evidence, the petitioner defendant invited the attention of the witness to Exs.
B.1 to B.12 to Government Expert for companyparison of the signatures of C.W.1 appearing thereon with his admitted signatures appearing on the deposition as well as summons served on him.
