Cma
trinadharao
(Querist) 25 March 2012
This query is : Resolved
Respected Sir,
I am trinadharao, advocate from visakhapatnam. in a promissory note case the plaintiff's flled suit for recovery of amount from the defendants. the said promissory note is a created one. the plaintiffs obtain the signatures of the defendants on non-judicial stamp papers(blank)for some other purpose. and white blank papers. and they created promissory note with the collution of scribe and attestors. I am the defendants counsel. I filed an IA under section 45 of the Indian evidence act before the trail court, that the document is scribed after obtaining the signatures of the defendants or not. that the defendants main contention is how the attempt was made by the scribe to adjust the hand writing is according to the space in the blank papers. the defendants agreed that the signatures are true. but they affixed their signatures on blank papers for some other purpose due to the relation ship between the plaintiffs.there is a vast variation between the first page and second page in fonts line spaces and some commissions and ommisions are occured in scribing.the honourable judge was pleased to dissmiss the IA i.e. sent for experts opinion.Please advice for further step of the defendants for appeale
Raj Kumar Makkad
(Expert) 25 March 2012
File a revision against the rejection of the application as the same is very vital for the just and proper decision of the case in hand. The order of the trial judge is erroneous.
