COMMERCIAL PROPERTIES & MERCHANDISE LTD. Vs. PALLAB ROY

JUDGEMENT

(1.) The Court: None appears for the petitioner plaintiff.

(2.) This GA No.1686 of 2017 at the instance of the plaintiff with a prayer for appointment of Handwriting Expert for submission of opinion as to the identity of handwriting appearing in Exhibit 'C' upon comparison of such handwriting and the handwriting appearing in Exhibit 'Y' and 'Y/1' and other sample handwriting of Prasanta Kumar Roy, the father of the defendant, was heard at length and is listed today for passing necessary orders on the said application.

(3.) The suit is one with a prayer for specific performance in terms of the draft deed of lease being Annexure 'B' in the plaint. The said draft deed of agreement has also been annexed to the present application being Annexure 'B' at page 138 of the petition. It is the case made out by the plaintiff in the plaint that the terms embodied in the said deed of modification of the terms of lease were corrected by the defendant's father. Therefore, the handwriting in which the corrections were so made at page 8 to 13 of the said draft deed of modification is to be verified with the admitted signature of the defendant's father, Prasanta Kumar Roy, who is not a party to the present suit. According to the petitioner, whatever corrections have been made in the said draft deed of modification of lease deed, are in the handwriting of the said Prasanta Kumar Roy and according to the petitioner, if page 8 to 13 are sent before the Handwriting Expert to compare the same with the admitted signature of the said Prasanta Kumar Roy appearing at page 154 of the petition, it will be borne out that the corrections so made in the said draft modification deed, is of none else but of the defendant's father Prasanta Kumar Roy.