SURESH CHAND Vs. MURTI SHRI MOHAN JI MAHARAJ

JUDGEMENT

(1.) HAVING heard the learned counsel for the petitioner and carefully perused the relevant material on record, it is noticed that during the pendency of the suit, the petitioner-plaintiff filed an application under Section 73 readwith Section 45 of Indian Evidence Act imploring the learned Additional Civil Judge (Jr. Division), Bharatpur that the writings and signatures of respondent-defendants should be taken in the Court and the same should be sent with the disputed signatures to FSL for obtaining the opinion of Hand Writing Expert.

(2.) THE learned trial court, having heard the petitioner-plaintiff ordered that the application filed under Section 73 of Indian Evidence Act shall be taken into consideration and adjudicated after the completion of evidence of both the parties.

(3.) AS stated earlier, the impugned order is found to have suffered from no infirmity and I do not find any ground to interfere with the same as the Hon'ble Apex Court has consistently held in plethora of cases that the High Court should not invoke extraordinary jurisdiction under Article 227 of the Constitution unless the impugned order is found to be totally perverse, contrary to material or it results in manifesting injustice, but that is not the case in the case on hand. Hence, the writ petition being devoid of substance deserves to be dismissed at the threshold, which stands dismissed accordingly.