AMBIKA YADAV Vs. GANESH PRASAD MISHRA AND ORS.

JUDGEMENT

(1.) In the present case, the appellant is challenging the order dated 27th September 2008 passed by Chandrama Singh, Additional District Judge, Fast Track Court-VI, Munger in Munsifi Title Appeal No. 36 of 2003 whereby and where under the judgment dated 17th September 2003 as well as decree dated 24th September 2003 arising out of Title Suit No. 96 of 1989 has been set aside and the matter has been remanded back for fresh decision.

(2.) The issues were framed by Additional District Judge, Fast Track Court, Munger and in the said judgment, the Court directed that the court below to obtain an expert opinion in respect of signature of Ambika Yadav as well as Bhagwat Prasad Sharma bearing on Ext.-2 (Bajidawa) and Ext.-A is the sale deed dated 27.4.1988 executed in favour of the present appellant including the signature of Bhagwat Sharma in his written statement. It has further been directed that the court below will take all steps to examine the said Bhagwat Prasad Sharma, even as court witness to arrive at a right conclusion.

(3.) It is undisputed fact that the evidence of Bhagwat Prasad Sharma cannot be recorded on account of his death. Only the issue left for getting the documents examined by the Government expert with regard to the signatures appearing in Ext.-2 and Ext.-A i.e. Bajidawa and sale deed respectively.