MOHD. HUSSAIN & ANR. Vs. JUGAL KISHORE

JUDGEMENT

(1.) This revision petition has been filed against the order of the learned Additional Civil Judge, Bikaner dated Aug. 18, 1993 by which he has rejected the plaintiff-petitioners' application dated May 26, 1993. The facts, of the case giving rise to this revision petition may be summarised thus.

(2.) In the year 1983, the plaintiff-petitioners filed a suit for the cancellation of the sale-deed. After framing necessary issues and recording the evidence of the parties, it was dismissed by the trial court on Dec. 1, 1990. The plaintiffs preferred an appeal in the court of the District Judge, Bikaner. By his judgment dated Nov. 27, 1992, the learned District Judge remanded the case to the trial court with directions that the trial court will afford an opportunity to the plaintiffs to take the photographs of the disputed documents for sending them to their hand-writing expert for his report, his report will be filed within three months, expert will then be produced, the defendant would also be given an opportunity to rebut the evidence of hand-writing expert so produced and, thereafter, to decide the suit in accordance with law. Against this order S.B. Civil Misc. Appeal No. 14 of 1993 was filed by the plaintiffs in this Court. On the stay application of the plaintiff-appellants, the following order was passed on March 29, 1993:-

(3.) In compliance with the above quoted order of this Court, the plaintiffs moved an application and they were allowed to take the photostat copies of the disputed documents on May 25, 1993 (vide para No. 4 of the Revision petition). On May 26, 1993, the plaintiffs moved an application before the trial court to give them the thumb impressions obtained earlier by the court for sending the same to their hand-writing expert for his opinion.