LAL MOHAN MUKHERJEE Vs. MD WASIM

JUDGEMENT

(1.) AN order of appointment of the handwriting expert for his opinion with regard to the genuinety of the purported signature of the petitioner appearing on the acknowledgement card, passed by the learned Trial Judge, is challenged by the plaintiff/petitioner in this revisional application.

(2.) THE plaintiff/petitioner filed a suit for partition. The plaintiff claims in his plaint that he could not exercise his right of pre-emption, as no notice was served upon him by his co-sharers, i. e. , the opposite party Nos. 3 to 15 intimating him about their intention to sell their shares in the suit property in favour of Mr. Mukherjee's clients.

(3.) MR. Mukherjee's clients are contesting the said suit by filing written statement alleging therein that the notice was served upon the plaintiff/ petitioner by their vendors intimating him about their intention to sell their shares in the suit property but since the petitioner did not respond to the said notice, the opposite parties No. 3 to 15 sold their shares in the suit property in favour of Mr. Mukherjee's client.