In a recent legal development, Justice K. Lakshman at Telangana High Court dismissed a Civil Revision Petition challenging a lower court’s decision in a signature dispute case. The petitioner, represented by Mr. Dasi Ramesh, sought to contest an order dated 16th November 2023, issued by the Senior Civil Judge at Narsampet, which dismissed a petition filed under Order VIII, Rule 1A (3) read with 151 of CPC.
The dispute arose from a suit filed by the sole plaintiff, identified as respondent No.1, against defendants No.1 and No.2, seeking recovery of Rs.6,48,000 based on a promissory note allegedly executed by defendant No.1 and a loan guarantee agreement allegedly executed by defendant No.2. The petitioner, defendant No.2, filed an application to send her signature on the loan guarantee agreement for comparison by an expert under Section 45 of the Act, 1872.
Initially, the application was allowed, but complications arose when the FSL authorities requested additional documents, such as cheques, bank account opening forms, etc., which the petitioner could not produce. Consequently, the petitioner opted to send a certified copy of a registered sale deed as an alternative. However, the trial court dismissed the application, asserting that an original document was required for signature comparison.
In the court’s ruling, Justice K. Lakshman emphasized, “For comparing the signature in general, it requires original document, but not the certified copy.” He further noted that the certified copy of the sale deed, dated 19th January 2013, was not contemporaneous with the agreement in question, which was from 2019. Additionally, the petitioner failed to provide adequate explanation for her inability to produce other required documents and why she chose to present a certified copy instead of the original.
Consequently, the court concluded that the trial court’s decision was justified and the petitioner failed to present sufficient grounds to challenge it. As a result, the Civil Revision Petition was dismissed, and no costs were awarded.
Case No.: CIVIL REVISION PETITION No.3812 OF 2023
Bench: Justice K. Lakshman
Order dated: 01.03.2024
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