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1971 Supreme(Pat) 167

N.L.UNTWALIA
Ramgulam Choudhary – Appellant
Versus
Nawin Choudhary – Respondent


Judgment

N.L.Untwalia, J.

1. In Title Suit No. 3 of 1964, pending in the Court below the plaintiffs-opposite party in this Civil Revision application closed their evidence before the 4th March, 1970. By that time, the defendants-petitioners had also examined, as it appears, all their witnesses, but certain documents were filed on the 4th March as also on the 5th March, 1970. On the 4th March, 1970, the planitiffs filed a petition for examination of a handwriting expert in support of their case that a disputed document which had already been tendered in evidence did bear the signature of one of the defendants. In that regard, the defendants had already examined an Expert while they were examining their witnesses.

The learned Munsif disposed of that petition by his order dated the 5th March, 1970. This order was passed after recording that the defendants had closed their case when they had produced and got exhibited all their documents on the 5th March, 1970. He allowed the prayer made by the plaintiffs stating in his order that the plaintiffs ought to have taken this step earlier and the grounds given by them in their petition dated the 4th March, 1970, were not correct. Yet taking t













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