SABITRI DEBI Vs. BAIKUNTHA DAS

JUDGEMENT

(1.) This civil revision is directed against an order refusing to send a disputed document to the Handwriting Expert for examination.

(2.) One Gadadhar Das died leaving behind him a daughter named Agani. Petitioner No. 2 is the husband's brother of Agani. Petitioner No. 1 is the wife of petitioner No. 2. Opposite Party No. 1 Baikunthanath Das claims to be the adpoted son of Gadadhar. He filed Title Suit No. 99 of 1975 for eviction of the petitioners Nos. 1 and 2 from the suit land alleging that they were mere licensees in respect of the same. The suit was resisted by the petitioners on the ground that the land in suit had been orally gifted to them by late Gadadhar Das in the year 1949 and they have acquired title to the same by adverse possession. They claimed to have constructed a house on the suit land after it was orally gifted to them.

(3.) In course of trial, the petitioners relied upon a post card letter dated 30-121953 alleged to have been written by late Gadadhar to the Baidyanath Misra admitting therein that he had orally gifted the land to the petitioners. The letter was marked as Ext. R. Opposite party No. 1 having disputed the genuineness of the signature of Gadadhar Das appearing on Ext. R, the petitioners applied for sending the document to an Expert for examination of the disputed signature and comparison of the same with the admitted signatures. The learned Subordinate Judge by his order dated 15-11-1978 rejected the prayer on the ground that the opinion of an Expert is not conclusive evidence and that the Court is competent to compare the disputed signature with the admitted signatures. Aggrieved by this order, the petitioners have come up in revision.