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Shitla Prasad Vs. Allahabad Finance Corporation and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberCivil Revn. No. 1154 of 1979
Judge
Reported inAIR1981All361
ActsCode of Civil Procedure (CPC) , 1908 - Sections 115
AppellantShitla Prasad
RespondentAllahabad Finance Corporation and ors.
Appellant AdvocateShiv Shankar Pandey, Adv.
Respondent AdvocateS.P. Kumar, Adv.
DispositionRevision dismissed
Excerpt:
civil - section 115 of code of civil procedure,1908 - revision against order directing specimen signature of defendant be taken in court - three signatures found to be existing on record after order was passed - no need for defendants to put signatures again before court - revision without merits. - - ' it clearly provides that in order to ascertain whether the signature is that of the person by whom it purports to have been made, any signature which is either admitted or proved to the satisfactionof the court to have been made by that person could be compared with the one which is to be proved. the court under these circumstances could be said to have been satisfied that the signatures existing on the record were those of the defendant and......is that of a person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the court to have been made, written or made by that person must be compared with the one which is to be proved, although that signature, or seal has not been produced or proved for any other purpose.' it clearly provides that in order to ascertain whether the signature is that of the person by whom it purports to have been made, any signature which is either admitted or proved to the satisfactionof the court to have been made by that person could be compared with the one which is to be proved. it, therefore, appears that it is not only the signature which is admitted by the respondent to be that of the person whose signatures are in dispute.....
Judgment:
ORDER

A.N. Varma, J.

1. This revision is directed against an order passed by the III Additional District Judge, Allahabad recalling an earlier order passed by him on 28-1-1978, by which he had directed that the specimen signature of Amrit Lal, the defendant in the suit, be taken in court.

2. It appears that after the aforesaid order dated 28-1-1978 had been passed it was brought to the notice of the Court that there were already on the record three signatures of the defendant, which were taken before the court and that, therefore, there was no necessity for fresh signatures. The applicant challenges the correctness of the above order by way of a revision under Section 115 of the Code of Civil Procedure.

3. I find no merits in this revision. In the first place, the court has committed no jurisdictional error in passing the impugned order. Secondly, the order under revision is not 'a case decided' within the meaning of Section 115 of the Code of Civil Procedure. Thirdly, even on merits the order seems to be correct.

4. Learned counsel, relying on Section 73 of the Evidence Act, contended that the signatures, to which reference has been made by the court below were not admitted by the applicant to be those of the defendant, and that, therefore, these signatures could not be directed to be compared with the signatures which are in dispute. I cannot agree. Section 73 of the Evidence Act, in so far as it is relevant for our purposes, reads as under :--

'73. Comparison of signature, writing or seal with others admitted or proved.

In order to ascertain whether a signature, writing or seal is that of a person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the court to have been made, written or made by that person must be compared with the one which is to be proved, although that signature, or seal has not been produced or proved for any other purpose.'

It clearly provides that in order to ascertain whether the signature is that of the person by whom it purports to have been made, any signature which is either admitted or proved to the satisfactionof the court to have been made by that person could be compared with the one which is to be proved. It, therefore, appears that it is not only the signature which is admitted by the respondent to be that of the person whose signatures are in dispute but also those which are proved to the satisfaction of the court to have been made by that person. In the present case, the finding is that the three signatures referred to in the impugned order were made in the presence of the court. The court under these circumstances could be said to have been satisfied that the signatures existing on the record were those of the defendant and. therefore, there was no need for asking the defendant to put his signature again before the court.

5. There are no merits in this revision which is consequently dismissed. There will be no order as to costs.


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