LAWS(JHAR)-2007-2-40

SATYANARAYAN RAO Vs. M. PRASAD RAO @ M. RAO

Decided On February 13, 2007
Satyanarayan Rao Appellant
V/S
M.Prasad Rao @ M.Rao Respondents

JUDGEMENT

(1.) HEARD Mr. P.K. Bhowmik, learned Counsel appearing on behalf of the petitioner and Mrs. A.R. Choudhary appearing on behalf of the respondent.

(2.) IN this writ application under Article 227 of the Constitution of India, the petitioner, who is the defendant in the suit, has prayed for quashing the order dated 27.2.2006 passed in Money Suit No. 14/2002 whereby the Subordinate Judge, Jamshedpur refused to send the document for examination by handwriting expert.

(3.) IT appears that the plaintiff -respondent filed the aforesaid Money Suit No. 14/2002 in the Court of Sub -Judge, Jamshedpur for a decree of realisation of Rs. 2,05,000.00 on the ground, inter alia, that the defendant borrowed a sum of Rs. 1.5 lacs from the plaintiff at the time of this need and agreed to repay the same with interest at the rate of 18% p. a.