SUBOL CHANDRA MONDAL Vs. NITAI CHANDARA MONDAL

JUDGEMENT

(1.) This application is directed against the order dated May 8, 2007 passed by the learned Civil Judge (Junior Division), 1st Court, Alipore in Title Suit No.351 of 2004 thereby allowing the application of the defendant dated Nov. 20, 2006 and also not permitting the plaintiff to adduce evidence of Shri Rajani Kanta Das, private handwriting expert on his behalf.

(2.) The petitioner instituted a suit being Title Suit No.240 of 1983 (subsequently renumbered as Title Suit No.351 of 2004) against the opposite parties praying for declaration and permanent injunction. The opposite parties are contesting the said suit and the suit was at the stage of recording evidence. Initially, the petitioner filed an application for appointment of a handwriting expert and that application was allowed. Accordingly, a handwriting expert was appointed and he submitted his report. Being dissatisfied with the said report, he filed another application for giving opinion on certain points, that is, on comparison of the signature of the petitioner with the disputed one at the third page of the so-called deed of sale dated Dec. 24, 1982. Initially, the application for further opinion by the expert was allowed. Thereafter, the petitioner filed another application praying for the selfsame relief which was rejected by the learned Trial Judge. The matter went up to the Honourable High Court by way of revision and the Honourable High Court has confirmed the said order thereby confirming the order of rejection of appointment of a handwriting expert afresh. Thereafter, the petitioner filed another application praying for the selfsame relief which was rejected by the impugned order. The petitioner also prayed for adducing evidence by a private handwriting expert appointed by him and that prayer for examination of that private expert was also rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) The following questions have arisen for decision in this revisional application:-