RAVINDRAN Vs. ROJA

JUDGEMENT

(1.) The principal question for consideration is whether an order rejecting the application for reference of disputed documents to a handwriting expert, constitutes "case .....decided" within the meaning of sub-section (1) of S.115 of the Code of Civil Procedure. By his order dated 27-6-1991 in I.A.No.1440 of 1991 in O.P. No. 85 of 1987 under S.13 of Hindu Marriage Act, the learned Principal Sub Judge, Talassery, dismissed the husband's prayer for an order directing the wife; to furnish her specimen handwriting for the purpose of comparing them with the disputed letters (Exts. A8 to A14) alleged to have been written by her to her paramour. He impugns the validity of this order.

(2.) The facts out of which the petition arises are these:

(3.) The learned Principal Sub Judge held that reference of the documents to a handwriting expert at this stage will cause further delay in the disposal of this petition. He therefore rejected the application.