MRUTYUNJAYA SAHOO Vs. SANTILATA SAHOO

JUDGEMENT

(1.) This writ application is directed against the order dated 14-1-005 passed by the learned Civil Judge (Senior Division), Balasore in O.S. No. 542 of 2002-1 allowing an application filed by the plaintiff-opposite party to call for certain documents.

(2.) As it appears from the impugned order the evidence had been closed from both the sides and at that stage the defendant-petitioner prayed for examination of the signatures of the Testator of the Will in question by a Handwriting expert. The matter came up to this Court and this Court directed that the Will shall be sent to a Handwriting expert.

(3.) After the said order was passed, the Will was sent to the Handwriting expert and after receipt of the report, the plaintiff filed an application to call for some records from the office of the Land Acquisition Collector, Addl. Civil Judge (Senior Division), Balasore and the Sub-Registrar, Balasore to prove that the signatures appearing in the Will are by one and same person. The said petition was resisted on the ground of maintainability and it was also contended that the signatures appearing in the documents called for by the plaintiff are not admitted signatures and, therefore, there is no necessity to call for those records. The learned Civil Judge in the impugned order having allowed the application, the present writ application has been filed challenging the said order.