BHAGWATI BAI Vs. BRIJBAI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution is directed against the order dated 11.1.2012 whereby an application preferred under Section 151 C.P.C.(Annexure P -5) dated 18.8.2011 was rejected by the Court below. The defendant/petitioner filed the said application on the ground that earlier the present respondent No. 1 filed a suit which was decided by Rajinama. In the said plaint, application for Rajinma and in various order sheets, thumb impression of the present respondent No. 1 are there and, therefore, since present respondent No. 1 in her examination -in -chief has stated that she had not entered into any Rajinama, therefore, it is necessary to examine the thumb impressions by an expert. The Court below rejected the said application for following reasons: -

(2.) BY placing reliance on para "स" of the written statement, Shri Rajput, Learned Counsel for the petitioner submits that finding of the Court below is clearly erroneous and runs contrary to record. There exists a specific pleading against the plaintiff that she had put her thumb impression in the earlier round of proceedings. He further submits that when the plaintiff deposed her statement and controverted the said pleadings by saying that she was not party to any such litigation, promptly the application Annexure P -5 was filed.

(3.) I have heard the Learned Counsel for the parties.