SUMAN JAIN Vs. LEELA BAI

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 23/7/2010 passed by the First Civil Judge Class-I, Ratlam in Civil Suit No. 26-A/06 by which the petitioner/ defendant's application for getting the disputed document (Will) examined through the handwriting expert has been rejected on the ground that the application has been submitted belatedly.

(2.) The trial Court observed that the plaintiff had got the said document (Will) examined by handwriting expert and report was submitted on 3.8.2007. However, no application was promptly moved by the petitioner/defendant to get the said document examined by another handwriting expert.

(3.) The trial Court is directed to permit the petitioner/defendant to get the said document (Will) examined by the handwriting expert named by the petitioner/ defendant in his application and then to proceed in the matter in accordance with law. With the aforesaid directions the petition stands allowed. B.S. Joshi for petitioner; V.A. Katkani for respondent.