SOMNATH MONDAL Vs. MURARI MONDAL

JUDGEMENT

(1.) THIS revisional application is directed against the order No. 61 passed by the Learned Civil Judge (Senior Division) in Title Suit No. 78 of 2004 of his Court on 11.11.2010. In passing the impugned order, the Learned Judge had been pleased to reject an application filed on behalf of the petitioners, who are the defendants in the suit, praying for having the alleged signatures put by one of the plaintiffs to be examined by the Hand -Writing Expert. It may be mentioned that the alleged signatory had denied the signatures during his evidence as P.W. -1, on being confronted with the relevant documents. It transpires that the aforesaid application was resisted on behalf of the plaintiffs/opposite parties basically on the grounds that it was filed at a belated stage and was actually designed to delay and drag the suit, and that there was actually no need for examination of the alleged signature of P.W. -1 on the documents including an 'Angikar Patra' relied upon by the petitioners/defendants. These are the gist of the objections, as seen on perusal of the written objections, being Annexure -'F' to the application, filed against the petitioner's application for examination of a Plaintiffs signatures by the Hand -Writing Expert.

(2.) NOW , the Ld. Court below has in its impugned order specifically noted certain submissions in this regard raised by the Ld. Advocate for the opposite parties/plaintiffs which incidentally were not mentioned in the actual written objections. The relevant observations of the Trial Court in this regard are:

(3.) THE Ld. Court below also agreed with such submission by, observing that "plaintiffs, have come before the Court for settlement of their claim and they are not bound to abide by any decision made by the Panchayat or Village Salish, those are not empowered to settle any right, title and interest of the citizens which is the sole duty of the Court."