A.No.4540 of 2024 in CS.No.89 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 06.01.2025 Pronounced on : .03.2025 CORAM THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN A.No.4540 of 2024 in CS.No.89 of 2022 1. Mr.P.V.K.Raja Mahendran 2.Malliga 3.Mangairkarasi 4. Santhi 5. S.Kavitha 6.S.Bhuvaneswari ...Applicants Vs. 1.Mr.P.Kandasamy Thevar 2.K.Thavamurugan 3.K.Thanigaivel 4.K.Manikandan 5.Arunodhayam 6.Rajeswari 7.P.Gurusamy 8.Shenbaga Pandian 9.The Sub-Registrar Vilathikulam Sub-Registrar Office Vilathikulam, Tuticorin District 10.The Sub-Registrar, Sayalkudi Sub-Registrar Office, https://www.mhc.tn.gov.in/judis Sayalkudi, Ramanathapuram District. 11. Iburamusa 12. A.Mohandoss ...Respondents PRAYER :This application has been filed to send the alleged disputed signature found in plaint and vakalath in CS.No.89 of 2022 (OS.No.22/18) of the deceased plaintiff Mrs.Bala Amirthavalli alias Amirtham to the Forensic Science Department for comparison with admitted signature contained in deposition of Mrs.Bala Amirthavalli alias Amirtham in CS.No.89 of 2022 dated 01.11.2022 and to obtain a report from the expert. For Applicants: Mr.K.V.Subramanian Senior Counsel for Mr.S.Chandrasekharan For Respondents: Mr.N.A.Malai Saravanan Mr.C. Rajan for D-19 Mr.S.Deenadayalan for D-20 ORDER This application is filed seeking the above stated reliefs. 2. The learned counsel for the applicants submitted that the perusal of plaint and vakalat does not contain Mrs.Bala Amirthavalli's signature and that document has been concocted signature of the deceased plaintiff. If the signature on a document is faked/forged by someone, to find out the same, a signature verification forensic test can be used. This court is empowered to compare the admitted signature with the disputed signature. There is a scientific method to transfer the digital handwritten https://www.mhc.tn.gov.in/judis and that can be used for concocting document. A scanner can pick up signatures and store the digital image in computer. Hence to prove that the signatures are scientifically forged, expert's opinion is necessary. 3. For the purpose of deciding an application under clauses (a) and (d) of Rule 11 of Order 7 CPC, the averments in the plaint are germane. It is also submitted that the decision of this court reported in 2013(2) CTC 394 (Saharban Beevi Vs. S.Mumtaj) and the relevant paragraph No.8 reads as follows: “8. Scientific Investigation would mean and include ascertainment of facts by observation and experiment, tested systematized and brought under a set of principle as held in (S.Chinnathai Vs.K.C.Chinnadurai) , 2010 (1) MWN (Civil) 413: (2010) 3 MLJ 65." If in the opinion of the Civil Court that the evidence of forensic expert is very much necessary for deciding the dispute between the parties, the Civil Court instead of exercising the powers under Section 73 of the Evidence Act, shall have to invoke the provisions of Order 26, Rule 10 of CPC. There is no bar for the court to order appointment of Advocate Commissioner for the purpose of taking a document to an expert. 4. He further submitted that the plaint and vakalat in O.S.No.23/2018 compared with the deposition of Mrs.Bala Amirthavalli /PW1 dated 01.11.2022 , does not contain her signature and that document has been concocted signature of the deceased plaintiff. In Exs.D11, D13, D14, D32, and D61 the plaintiff signed as https://www.mhc.tn.gov.in/judis S.P.K.Amirtham. The defendants are very well know their sister's signature of S.P.K.Amirtham and suspecting the signature of the plaintiff, has filed A.No.4045/2024 and the same is pending before this court. 5. Learned counsel for the 3rd respondent/4th plaintiff submitted that the 3rd respondent denied all the averments stating in paragraph numbers 1 to 9 of the affidavit. The suit is pending for final stage. In order to evade and protract the proceedings and to make delay the entitlement of the legal rights to the plaintiffs, the applicants have filed this frivolous application at this stage. The above suit was originally filed in the year 2019 and the applicants herein successfully dragged the case for the past five years and delayed the justice to the plaintiffs. He further submitted that the 1st plaintiff gave her evidence before this Court as PW1. But she died pending the case and subsequently the respondents have been trans-positioned as plaintiffs 2 to 7 in the main suit. He further submitted that the suit is for partition filed by the 1st plaintiff, the issue is whether the plaintiff is entitled to get her legal share over the suit schedule properties or not. The signature verification of her own documents is not at all an issue in this case. 6. Learned counsel for the 11th respondent submitted that he has no objection in allowing this application. https://www.mhc.tn.gov.in/judis 7. Heard the submissions made by the learned counsel on either side and considered the above stated judgements and perused the materials available on record. 8. On perusal, it is seen that the suit is posted for examination of further witnesses. The suit is filed before the District Court, Ramanathapuram, in the year 2018. PW1 was examined on 06.09.2022. If at all, the applicants were aggrieved over the signature of the deceased 1st plaintiff, they would have filed the application immediately. But they have filed A.No.4813/2024 on 11.09.2024 and A.No.4540/2024 on 21.08.2024 belatedly. It seems that the applicants want to drag on the proceedings. Furthermore, the PW1/Bala Amirtham died and thereafter, the defendants are transposed. The 1st plaintiff has admitted that all the signatures found in plaint, vakalat and deposition are her signatures only. Under these circumstances, this court is unable to accept the contention raised by the applicants at this belated stage. Hence this court is not inclined to allow this application. 9. Accordingly, this application is dismissed. 10. Registry is directed to list the suit before the learned Additional Master concerned, for recording evidence on 18.03.2024. 12.03.2025 gv (2/2) A.A.NAKKIRAN.,J. https://www.mhc.tn.gov.in/judis gv Pre-delivery Order made in A.No. 4540 of 2024 in CS.No. 89 of 2022 12.03.2025 https://www.mhc.tn.gov.in/judis