SAVITRI DEVI Vs. JANESHWAR SINGH

JUDGEMENT

(1.) This application has been filed against the order dtd. 5/3/2018, passed by learned Sub-Judge VIII, Aurangabad in Title Suit No. 349 of 2012 (248 of 2016), whereby and whereunder the learned Court below rejected the petition dtd. 15/12/2017 filed by petitioner for issuance of direction for investigation of age and ink of documents exhibited in the suit.

(2.) As per the plaintiff, suit land alongwith other land had been settled by ex-landlord in favour of his grand-father and subsequently name of plaintiff has been entered into the demand register as he is making payment of the rent and getting receipt. The plaintiff has also filed two more title suit against decendants of ex-landlord. Petitioners are also decendants of ex-landlord. The case of the petitioners/defendants is that ex-landlord had never settled the suit land to the grand-father of plaintiff and the settlement paper, if any, is forged and fabricated paper and ex-landlord had never issued rent receipt.

(3.) The petitioner filed a petition before the learned court below praying therein that the Zamindari return (Exhibit-2), the Zamindari rent receipt (Exhibit-5) and settlement paper (Exhibit-10) are forged and fabricated documents, thus their age, ink and hand writing may be examined by the Forensic Science Laboratory (C.I.D.), Patna at the cost of the petitioners, which has been dismissed by the Court below.