DHULAPPA Vs. RAMESHWARIBAI

JUDGEMENT

(1.) A suit for declaration/cancellation of a registered sale deed alleged to have been executed by the plaintiff in favour of defendant was dismissed by the Trial Court.

(2.) During the trial, the plaintiff had produced the certified copy of the report of hand writing expert but the author of the report had not been examined.

(3.) In appeal, the Appellate Court took note of this fact and came to the conclusion that it was necessary for the author of Ex.P17 to be examined and it also found that there was non-framing of a material issue which caused injustice to the plaintiff and therefore proceeded to remand the mater to the Trial.