PRABHAWATI Vs. MANGALDEO SINGH

JUDGEMENT

(1.) THIS revision has been filed against the order dated 15-1-2001 passed by Assistant Collector First Class/City Magistrate, Ballia in suit No. 1/1998-99. By the impugned order the learned trial Court passed an order that the matter for getting the thumb impression of Khuba Rai compared with his admitted thumb impression be closed. He observed that both parties have already tendered their evidence previously. It further directed that both parties should argue the matter regarding substitution of Khuba Rai.

(2.) BRIEFLY the facts of the case are that the thumb impression of Khuba Rai had been sent to Sri M.M. Kakkar, expert for comparison. Smt. Prabhawati Devi moved an application that the matter may be referred to some other expert. In support of her application an affidavit sworn in by Pairokar Guddu Singh was filed. It may be noted that the suit had been filed by Khuba Rai on 7-5-64 and is pending since then. In this case the learned Commissioner had passed an order that the case should be listed for hearing day to day and should be disposed of on priority basis.

(3.) I have heard the learned Counsel for the revisionist and Counsel for opposite-party No. 9 and also perused the record.