SHASHI SHEKHAR PRASAD Vs. SUMITRA DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous application has been filed under Article 227 of the Constitution of India for quashing the order dtd. 22/6/2016 passed by the learned Munsif 2nd, Munger by which he allowed the petition dtd. 16/6/2016 filed by the defendants for appointment of handwriting expert and also to quash the subsequent order dtd. 27/6/2016 passed by the same court rejected the recall application dtd. 27/6/2016 filed on behalf of the plaintiff/ petitioner.

(3.) The brief facts of the case are that the plaintiff filed Eviction Suit No. 24 of 1993 against the defendants praying for a decree for eviction of the suit premises in favour of the plaintiff with a direction to the defendants to vacate the suit premises. It is claimed that suit premises belongs to late Naresh Mohan Prasad (father of plaintiff-petitioner) who inducted father of defendant 1st set on monthly rent of Rs.30.00. He paid the rent till 1981 and sub-let the disputed premises to defendant 2nd Set. Legal notice send by him was not replied. Ultimately, eviction suit was filed.