SHAMBHU SONI Vs. KISHORE PRASAD

JUDGEMENT

(1.) IN the instant petition, the petitioner has prayed for modification of the order dated 19.1.1998 passed in Civil Revision No. 388 of 1997(R), whereby while rejecting the Civil Revision application this Court made observation that the trial Court while complying with the impugned order will send the disputed documents for comparison by Handwriting Expert of any Government institution.

(2.) THE defendants filed the aforementioned Civil Revision No. 388 of 1997 (R) challenging the order dated 4.10.1997 passed by the Subordinate Judge, Garhwa in Title Suit No. 30 of 1995, whereby the trial Court accepted the prayer of the plaintiff for comparison of the signatures on the disputed documents by a Handwriting Expert. The Civil Revision application was dismissed with the direction to the Court below to refer the documents for comparison to any Government institution preferring Forensic Science Laboratory at Patna or Calcutta. The contention of the plaintiff -petitioner in the instant application is that the said documents have not yet been examined properly by the Expert and, therefore, the order needs modification to the extent that the signatures on the disputed documents may be sent to other expert for examination.