BANESINGH Vs. NAVALSINGH

JUDGEMENT

(1.) THE petitioner who is the defendant, before this Court has filed this present petition being aggrieved by the order dated 09/04/2015 passed in Civil Suit No. 86 -A/2011.

(2.) THE facts of the case reveal that plaintiff/respondent No. 1 has filed the civil suit on 11/05/2010 claiming permanent injunction, and later on, prayer for possession was also incorporated. Written statement was also filed. Order sheet reveals that the case was fixed for final hearing. An application was preferred under section 45 read with section 65 of the Evidence Act for referring the documents Ex. -D/2 to a hand writing expert. The aforesaid application has been rejected.

(3.) THE trial Court has observed, in the earlier order sheets, that the issue relating to admissibility of the document shall be decided at the time of final hearing and in those circumstances, the trial Court has rejected the application preferred under section 45 read with section 65 of the Evidence Act.