DHOBA DAS Vs. GURUCHARAN UTTAR SINGH MOHAPATRA

JUDGEMENT

(1.) THE defendants in T. S. No. 261 of 1968 are the petitioners. THE suit was one for partition. After the entire evidence for both sides was recorded, a dispute arose about the genuineness of a document which was marked as Ext. 6, a Patta. On 21-7-70, an application was made by the defendants to send the document for examination by the hand writing expert. THE learned Trial Judge called upon the defendants to deposit Rs. 250/- in the treasury office for sending the document to the expert. THE defendants deposited Rs. 250/- and tendered the challan for it. THE learned Trial Judge called upon the defendants to produce a special certificate. Several adjournments were granted to the defendants for the purpose of producing the special certificate from the Treasury Officer in compliance with General Letter No. 3 of 1964 issued by this Court. On 18-8-70, the learned Trial Judge directed that unless the defendants produce the certificate by 25-8-70 the order for sending the document to the expert would be recalled and the suit would be taken up for argument. On 25-8-70, the defendants made another application for time on the allegation that the Treasury Officer had written to the Accountant General for instructions in the matter and had not received any reply and, therefore, he was not in a position to issue the certificate. Time was extended till 5-9-70. On that day the following order was passed:

(2.) THE learned Trial Judge obviously has not appreciated the difficulty of the defendants. THE defendants have deposited the amount of Rs. 250/- on the very first occasion and within the time granted to them. THEy produced the challan showing the deposit. THE next question was the requirement to produce the certificate as required by this Court. THE certificate is said to be in the following form: