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K. Sivakumar v/s Ezhilarasi @ Jessulla Ezhilarasi, Represented by Power Agent V.C. Ravichandran & Others


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

    CRP(PD)No. 915 of 2021 & CMP. No. 7458 of 2021

    Decided On, 27 April 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN

    For the Petitioner: K. Sivasubramanian, Advocate. For the Respondents: P. Jagadeesan, Advocate.



Judgment Text

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to allow the Civil Revision Petition setting aside the Fair and Decreetal Order dated 10.02.2021 in I.A.No.658 of 2019 in O.S.No.403 of 2006 passed by the learned II Additional Subordinate Judge, Salem.)1. The 2nd defendant in O.S.No.403 of 2006, now pending on the file of the learned II Additional Subordinate Court at Salem is the revision petitioner herein. The suit had been filed on the strength of three promissory notes alleging that one T.K.Kuppusamy had borrowed a sum of Rs.4,00,000/-. The defendants in the suit are the legal representatives of the said T.K.Kuppusamy. The 2nd defendant / present revision petitioner had filed his written statement and issues were framed. Parties were initiated to adduce evidence. Among other contentions raised in the written statement, there was a total denial of the execution of promissory notes. Pending the suit, an application was filed to forward the disputed promissory notes for Forensic Examination. Along with the said promissory notes, documents were also sent for a comparison of the signature.2. It is the contention of Mr.K.Sivasubramanian, learned counsel for the Civil Revision Petitioner that originally, a letter was received on 27.12.2018 that the report was made ready. However, on an earlier day, it had been stated that further documents are required to carry out effective comparison of the signature. It is contended that four vakalats and two memos were then forwarded. It is the contention of the present revision petitioner that without taking into consideration the said documents, a report had been prepared and had been submitted before the Court. It is therefore claimed that the report having not been prepared in the manner known to law or by comparing the questioned signatures with all admitted signatures, the entire report should be eschewed.3. On the basis of the above contentions, on an application was filed under Section 151 CPC, in I.A.No.658 of 2019, calling upon the Court to eschew the report. The Court passed an order dated 10.02.2021 dismissing the said application which order is the subject matter of the present Revision Petition.4. Mr.K.Sivasubramanian, learned counsel for the revision petitioner questioned the said order and also the report itself by stating that four vakalats and two memos had been forwarded for comparison and that there is no possibility that they would have been compared with the disputed signatures in the promissory notes. It is his contention that the report had been prepared without such comparison. It is therefore stated that the present revision petitioner / 2nd defendant will suffer immeasurable hardship since the findings in the said report now stands at the face of the present revision petitioner.5. I am not able to understand the said contention. Any forensic report is only a document. The contents in said document have to be spoken to and such statements have to withstand cross examination. The witness during the course of examination will have to explain the manner in which they came to the particular conclusion which had been stated in the report and the nature of the documents which had been used for comparison of the signatures. The evidence has to be tested in cross examination. That is the entire focus of any civil trial.6. Any statement of a witness is only a statement. An expert gives only an opinion. The revision petitioner should take up the responsibility of summoning the said expert, questioning him as to the basis on which he prepared the report and questioning him on the basis of the nature of documents which he had used for comparison of the signatures, the manner in which he compared the signatures, the points of similarities and then the reasons for his opinion. All these aspects will have to be tested during cross examination.7. The petitioner cannot simply maintain an application for eschewing the entire report. I am confident that the learned II Additional Subordinate Judge, Salem would give adequate opportunity to the present revision petitioner to not only summon the expert who had prepared the Report, also give sufficient opportunity for the Report to be tested during cross examination and also give sufficient opportunity for the expert to be subjected to cross examination. That is the manner in which the trial should proceed. The said Report can be considered as evidence only thereafter. The learned Judge will have to analyze the evidence on record

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not only on the basis of the report but also on other evidence and statements made and thereafter take a considered decision whether to accept the report or to reject the report. The Court cannot just wish away or eschew the report. There is also no provision for the same.8. For the reasons above mentioned, I am not inclined to allow the revision.9. With the said observations, the Civil Revision Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No order as to cost.
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