LATE RAMANI MOHAN DAS Vs. JAGADISH CHANDRA DEBNATH

JUDGEMENT

(1.) Heard Mr. Raju Datta, learned counsel appearing for the defendant-appellants. Also heard Mr. S.M.Chakraborty, learned senior counsel assisted by Ms. A. Pal, learned counsel appearing for the plaintiff respondents.

(2.) In this second appeal, the issue relates to the valid execution of the sale deed. The plaintiff has denied that he executed the sale deed No.I-5309, dtd. 6/7/1976. The plaintiff has further denied his signature in the sale deed. None of the learned courts below thought it fit to examine or compare the signature of the plaintiff which was exhibited as Exbt.E.

(3.) When the matter came up before the court, both the learned counsels have urged to remand the matter to the learned trial court and they have no objection if all the issues are determined afresh.