SHABBIR KHAN Vs. KRISHNA DAS

JUDGEMENT

(1.) By filing this petition under Article 227 of the Constitution, the petitioners have challenged the orders, Annexure P/1 and P/2. The petitioner earlier filed an application under Order 26 Rule 10 CPC and Section 45 of the Evidence Act with a request to appoint an handwriting expert to inquire about the signature of defendant Shabbir Khan. The said application of the petitioners was rejected by the Court below on 18.10.2012 merely on the ground that the said application was not supported by an affidavit. It was further opined that such application can be entertained at a later stage. Then petitioner filed another application on the same subject which was duly supported by an affidavit. This application is also rejected by order dated 6.11.12 (Annexure P/1). The Court below opined that earlier application was not rejected only because it was not supported by the affidavit, it was also rejected for the reason that this prayer can be entertained at a later stage i.e. after recording the evidence of the plaintiff.

(2.) It is interesting to note that during the course of arguments, learned counsel for the respondent Shri Mangal submits that he has no objection if handwriting expert's opinion is obtained after recording the evidence of the plaintiff, but he has a serious objection of same at this stage.

(3.) I have heard learned counsel for the parties and perused the record.