S.S.HUSSAINI
Shaik Sattar Saheb – Appellant
Versus
M. Banu Bee – Respondent
( 1 ) HEARD both the Counsel.
( 2 ) THE petitioner is the 2nd defendant in the suit which is filed for declaration of title and possession in respect of House property. The plaintiff has filed an application for appointment of Advocate-Commissioner to examine the hand-Writing Expert as a witness who had earlier examined the disputed document and given his expert opinion (report) about the document.
( 3 ) IT is submitted before me that the Court of Principal District Munsif is situated atananthapur and the Hand-Writing Expert who has to be examined as a witness, resides at Bangalore, Karnataka State. Though an objection was raised for appointment of Advocate-Commissioner by the petitioner-2nd defendant the Lower Court on consideration of facts has ordered for the appointment of Advocate-Commissioner to examine the Hand-Writing Expert at Bangalore, Karnataka State.
( 4 ) AGGRIEVED by the said order of the Lower Court, dated 25-9-1995 passed in LA. 1380 of 1995 in O. S. 95 of 1986, he has preferred this revision before this Court.
( 5 ) THE submission of Mr. O. Manohar Reddy, the learned Counsel for the petitioner is that there is legal infirmity in the order passed
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