DR WAKIL AHMED Vs. SUFIA KHATUN

JUDGEMENT

(1.) This Rule is directed against order No.19 dated 24-5-1998 passed by the Additional Subordinate Judge, Dhaka in Title Appeal No. 48 of 1997.

(2.) The opposite party No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to the Court of First Additional Assistant Judge and ultimately to the Third Court of Senior Assistant Judge, Dhaka for hearing and on transfer the said suit was numbered as Title Suit No. 63 of 1995.

(3.) During the pendency of the appeal the plaintiff opposite party No.1 filed an application on 18-2-1998 under Order 41 rule 27 read with section 151 CPC for sending the registered sale deed dated 15-1-1964 to a hand writing expert for opinion after comparing the LTI of the plaintiff appellant on the disputed sale deed.