JAI NARAYAN Vs. MOOLCHAND

JUDGEMENT

(1.) The present writ petition is filed assailing the impugned order dtd. 31/8/2018 in Civil Case No. 244/02 whereby the application filed by the petitioner-plaintiff, to compare and examine the signature of DW-4 Roshan Lal on Exhibit-1 with his admitted signature, under Sec. 45 of Evidence Act, 1872 was dismissed.

(2.) Learned counsel for the petitioner submit that the learned Trial Court has committed a grave error by wrongly considering the provisions of the law in respect of Sec. 45 of the Indian Evidence Act, 1872, and by not appreciating the true spirit of the legislature behind the said Sec. - since the documents required to be compared and examined by an expert for proving the case and to establish the true facts - has caused great prejudice to the petitioner-plaintiff. Learned counsel contends that such examination was necessarily required to be conducted in the interest of justice.

(3.) Per contra, learned counsel for the respondent submits that the learned Trial Court has passed a well reasoned speaking order after due consideration of the facts and material on record, which must be allowed to rest. Learned counsel further submits that the application was filed by the petitioner-plaintiff at a belated stage only to delay the proceedings.