RAMESHWAR PRASAD Vs. GULABWATI

JUDGEMENT

(1.) With the consent, finally heard.

(2.) This petition filed under Article 227 of the Constitution of India assails the order dated 06.08.2018 whereby the application preferred by the petitioner/defendant No.1 under Section 45 of Indian Evidence Act for appointment of handwriting expert is rejected by the Court below.

(3.) Briefly stated, the relevant facts are that the respondents/plaintiff filed a suit for declaration of permanent injunction. It was prayed that the sale deed dated 24.06.1995 be declared as null and void, the plaintiff be declared as title holder of the suit property and the other side be injuncted from interferring with the suit property. In turn, the petitioner/defendant No.1 filed his reply and contended that "Kacchi Bechi Teep" dated 10.06.1995 is not a genuine document. The whole attempt of plaintiff is to place reliance on this Kacchi Bechi Teep so that subsequent sale deed dated 24.06.1995 can be interfered with.