NISHAR AHMAD KHAN Vs. KHUBLAL SAO

JUDGEMENT

(1.) In this writ petition, the Petitioner has challenged the part of the order dated 16th July 2008 passed in Title Suit No. 50 of 2004 by learned Sub Judge IV Koderma, whereby the Petitioner's application for directing the Defendant No. 1 to give his signature for the purpose of comparing the same by the expert along with the signature on Ext.1 (Agreement) has been rejected.

(2.) I have heard learned Counsel for the parties and perused the order of the learned court below. I find that the learned court below has refused the Petitioner's prayer on the ground that both the parties have already closed their evidences and the suit was fixed for final argument and as such, it will not be just and proper to allow the Plaintiff to send the document for examination by handwriting expert. Learned court below has referred to and relied on a decision of this Court in the case of Sohar Mahto v. Mundrika Devi,2008 2 JLJR 446. The court below has noticed that the Plaintiff/Petitioner had not made any such prayer earlier when the evidences were led by the parties.

(3.) The Petitioner has assailed the said order on the ground that there was no occasion for filing petition for examination of the signature by an expert as there was no such pleading of the Defendants.