JIYARUL MONDAL Vs. AINUR HAQUE

JUDGEMENT

(1.) The impugned order no. 49, dated 20th July, 2019, passed by learned Civil Judge (Junior Division), Kalyani, Nadia in T.S. No. 141 of 2014, rejecting the application under Order XXVI Rule 10A of Code of Civil Procedure, praying for hand writing expert opinion is subject of challenge in this revisional application.

(2.) Mr. Malay Bhattacharyya, learned advocate for the petitioners/defendants submitted that the learned court below had mechanically rejected the prayer for hand writing expert opinion without having understood the true purport of the provisions contained in Order XXVI Rule 10A of C.P.C, together with the specific averment taken by petitioners in their written statement challenging the authenticity and genuineness of the deed being no. 779 of 1983, said to have been executed by one Janab Ali Mondal, and thereby alleging therein that the purported deed under reference had been fraudulently prepared, collusive, null and void, and not binding upon the petitioners and further that no possession of proposed land had been handed over in favour of the opposite parties/plaintiffs in any manner whatsoever.

(3.) Adverting to the impugned order, learned advocate for the petitioners contended that learned court below was not justified in denying the hand writing expert opinion merely on the ground that the purported deed under challenge had already been exhibited and further the evidence of the opposite parties/plaintiffs had been concluded including cross-examination.