SAUDAGAR MAHTO Vs. RAM CHARITRA MAHTO AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of respondents 1st set. The petitioner is aggrieved by an order dated 20.11.2007 passed by learned Munsif-ll, Begusarai in T.S. No. 74/1980 whereby the court below has refused to recall its earlier order dated 15.3.2005.

(2.) By the order dated 15.3.2005, it appears that, the court below has ordered for appointment of a Handwriting Expert seeking report on comparison of thumb impression of one Chandra Shekhar Prasad Singh on the sale deed dated 3.4.1979 with the photo specimen signature of Awadh Nandan Chandra Shekhar. The documents are marked as Exhibit-D and Exhibits-X1 to X3 respectively.

(3.) Learned counsel for the petitioner submits that it was not within the jurisdiction of the court below to have directed for appointment of second Handwriting Expert without setting aside the earlier report already submitted and accepted by it. He submits that earlier the documents were sent to Handwriting Expert who, after scientific examination, had submitted his report on 12.7.1988. The said Handwriting Expert was examined on 4.12.2001. No objection was, however, raised on the veracity of said report or bona fide of the Handwriting Expert. Secondly, three years thereafter the respondents 1st set on 20.8.2004 filed a petition for appointment of a Handwriting Expert afresh which has been allowed by an order dated 15.3.2005. On 19.10.2006 the petitioner filed a petition for recall of the said order dated 15.3.2005 on the ground, inter alia, that such order could not have been passed during the subsistence of the earlier report submitted by Handwriting Expert on 12.7.1988. The petition for recall of the order has been rejected by the impugned order dated 20.11.2007.