SYED ASHRAFF Vs. AFZAL PASHA

JUDGEMENT

(1.) LEARNED Counsel Sri S. A. Khadri takes notice for the respondent.

(2.) CHALLENGE in this writ petition is to the order dated 25-2-2010 passed in O.S. No. 41 of 2006 rejecting I.A. No. 19 filed by the plaintiff-petitioner herein seeking to refer the signatures found on Exs. P. 1 and P. 17 produced by him to the handwriting expert for his opinion.

(3.) THE Court below has rejected the application holding that the disputed signature was already sent for the opinion of the handwriting expert and there is no necessity to send it again. It has also found that under Section 73 of the Indian Evidence Act, 1872, it will be open for the Court to compare and verify the signatures found in Exs. P. 1 and P. 17. It is opined that the intention of the plaintiff was to drag on the proceedings. THE Court below has also opined that the defendant has stated that he had no objection to decree the suit and gave his consent for comparing the signatures in Exs. P. 1 and P. 17.