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1952 Supreme(Pat) 56

LAKSHMIKANTA JHA
Tara Prasanna Gupta – Appellant
Versus
Jhaman Ram – Respondent


Judgment

Lakshmikanta Jha, J.

1. This is an application tor revision of an order made by the learned Munsif of Hazaribagh refusing to allow certain documents filed by the petitioner, purporting to bear sig-natures of one Siti Kanta Gupta, who is admittedly dead, to be sent to an expert for comparison with the alleged signature of Siti Kanta Gupta on a hukmanama filed by the plaintiff, which signature, according to the petitioner, is a forged one.

2. On an anxious consideration of the points raised before me, I am of the opinion that the order of the learned Munsif must be set aside and the rule made absolute.

3. Originally the suit was instituted against defendants 1 and 2 only and the other defendants were impleaded subsequently. In this suit, one of the question in dispute is as to whether the Hukmanama bears the genuine signature of Siti Kanta Gupta. The petitioner filed his written statement on the 2ist August, 1950. On the 27th July, 1951, he filed certain old documents with a petition praying to send them, along with the hukmanama in question, to an expert for comparison of the signatures of Siti Kanta Gupta on them. The petition was rejected although the suit was adjourned to




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