KALAWATI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE present writ petition is directed against the order dt. 15.10.2012 passed by the learned Additional District Judge, Raisinghnagar in Civil Suit No. 36/2006 -Babu Ram vs. Kalawati for cancellation of sale -deed whereby the learned trial Court has permitted the plaintiff -respondent to produce hand -writing expert's opinion about the signature of the seller, Babu Ram, on the sale -deed in question. The learned counsel for the petitioner - defendant, Mr. N.L. Joshi submitted that the matter ought to have been referred to the Government Laboratory for such comparison of signatures and not to private hand -writing expert and therefore, the impugned order dtd. 15.9.2012 of trial Court cannot be sustained.

(2.) HAVING heard the learned counsel, this Court is of the opinion that it is within the discretion of the trial Court to permit the plaintiff to obtain the hand -writing expert's opinion whether from a private expert or a Government laboratory and therefore, such a direction in the exercise of discretion of learned trial Court cannot be faulted. The opinion of handwriting expert is required to be produced and proved in accordance with the provisions of Section 45 of the Evidence Act and for that matter the order impugned in the present writ petition cannot be said to be illegal or unsustainable in law. This Court does not consider it to be a fit case for invoking jurisdiction under Article 227 of the Constitution of India. Accordingly, the present writ petition is found to be devoid of merit and the same is accordingly dismissed. No order as to costs. A copy of this order be sent to the opposite party as well as the learned trial Court forthwith.