CRP No. 4321 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE CRP No. 4321 of 2026 and CMP No. 18911 of 2026 1. Baheerathi w/o Mani, Door No.3/24, Sivankovil street, Seerangudi Puliyur, Nagapattinam Petitioner(s) Vs 1. Sivakami w/o Balamurugan, D/o Kannusamy, 3/34, Sivan Keezha veethi, Puthur, Nagapattinam Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 05.12.2024 made in IA No.3 of 2023 in OS No.109 of 2019 on the file of the Subordinate Court, Nagapattinam For Petitioner(s): Mr.T.Ananthasekar ORDER This Civil Revision Petition has been filed, challenging the impugned order dated 05.12.2024 passed by the Sub Court, Nagapattinam, in I.A. No. 3 of 2023 in O.S. No. 109 of 2019. https://www.mhc.tn.gov.in/judis CRP No. 4321 of 2026 2. In the aforesaid order, the application filed by the petitioner, who is the defendant in the suit, seeking for appointment of an Advocate Commissioner to send the disputed cheque, marked as Exhibit P-1, along with the contemporaneous signature found in the vakalat in O.S. No. 109 of 2019 to the Forensic Department, Chennai, for comparison, has been dismissed. 3. The learned counsel for the petitioner would submit that the petitioner/defendant did not sign the dishonoured cheque, based on which the suit has been filed by the respondent/plaintiff. The cheque was returned for the reason of insufficiency of funds and not on account of signature mismatch. 4. The application under Section 45 of the Indian Evidence Act was also filed by the petitioner/defendant only during trial. The suit is of the year 2019. The written statement was filed by the petitioner much earlier to the passing of the impugned order. 5. Only through oral and documentary evidence, the petitioner will have to disprove the claim of the respondent/plaintiff as the cheque was returned by the bank only on account of insufficiency of funds and not on account of signature mismatch. https://www.mhc.tn.gov.in/judis CRP No. 4321 of 2026 6. This Court does not find any infirmity in the impugned order, dismissing the petitioner's application. 7. Since there is no merit in this Civil Revision Petition, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 28-07-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ab To The Sub Court, Nagapattinam. https://www.mhc.tn.gov.in/judis CRP No. 4321 of 2026 ABDUL QUDDHOSE J. ab CRP No. 4321 of 2026 and CMP No. 18911 of 2026 28-07-2026 https://www.mhc.tn.gov.in/judis