C.R..P.(PD)(MD).No.1586 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.1586 of 2022 and C.M.P(MD) Nos.6810 and 6820 of 2022 Manikandan ... Petitioner/1st Respondent/ 1st Defendant Vs. 1. A.R.Kalyani, W/o. A.N.Ramachandraraja, D.No.29, Varikal Singararaja Street, Rajapalayam Town, Virudhunagar District. Through her Power Agent, A.N.Ramachandraraja. ... 1st Respondent/Plaintiff 2. Pillaiyarraja ... 2nd Respondent/ 2nd Respondent/ 2nd Defendant PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decretal order dated 15.02.2022 passed in I.A.No.1 of 2021 in O.S.No.16 of 2013, on the file of the Additional Subordinate Court, Srivilliputtur. 1/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1586 of 2022 For Petitioner : Mr.F.X.Eugene For R1 : Mr.Y.Prakash For R2 : No appearance O R D E R The first defendant in O.S.No.16 of 2013 on the file of the Additional Subordinate Court, Srivilliputtur, has filed the present Civil Revision Petition, challenging the order dated 15.02.2022, wherein the Court has allowed an application filed by the plaintiff to send for two registered documents from the office of the Sub Registrar for comparing the signature of the first defendant in those documents with the suit pronotes. 2. A perusal of the plaint prayer reveals that the suit has been filed for the relief of recovery of money based upon two pronotes dated 07.12.2011 and 09.02.2012. In the written statement the defendants have specifically disputed the signature in the pronote and contended that these two pronotes are forged documents. The plaintiff had filed I.A.No.1 of 2021 to call for a mortgage deed dated 31.08.2012 and a partition deed 27.03.2008 from the Sub Registrar Office, so that the signature of the first defendant found in 2/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1586 of 2022 those documents could be compared with that of the signature of the defendant in the suit pronote. This application has been allowed by the trial Court. Challenging the same, the present Civil Revision Petition has been filed. 3. According to the learned counsel appearing for the revision petitioner, now only an application seeking to call for the documents have been filed. No steps have been taken by the plaintiff to compare the signature by sending to it handwriting expert. Therefore, the present application ought not to have been allowed. He further contended that apart from the plea of forgery, other defences have also been raised by the defendants in their written statement. Those defences have not been considered by the trial Court. 4. Heard the learned counsel appearing on either side and perused the material on records. 5. The documents which are sought to be called for from the Sub Registrar Office are registered documents and contemporaneous with the suit 3/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1586 of 2022 pronotes . The signature of the first defendant in the mortgage deed as well as the partition deed have not been disputed. In such circumstances, calling for the said documents from the Sub Registrar Office cannot be found fault with. Once the documents reach the Court, it is for the plaintiff to file an appropriate application to send those documents to compare the signature of the first defendant in those documents with that of suit pronote. The first defendant is always at liberty to raise the other defences in the suit. 6. With the above said observations, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions stand closed. 05.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1586 of 2022 To 1. The Additional Subordinate Court, Srivilliputtur. 2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1586 of 2022 R.VIJAYAKUMAR,J. ebsi C.R.P(PD)(MD)No.1586 of 2022 05.03.2025 6/6 https://www.mhc.tn.gov.in/judis