Petitioner/defendant is aggrieved by an order dated 16.01.2013 passed by the learned Subordinate Judge-II, Muzaffarpur in Title Suit No.740 of 2011 whereby and whereunder petitioner/defendant has been directed to give his specimen of writing and signature in the Court in presence of counsels of both sides as well as Sarishtedar of the Court.

2. It has been submitted on behalf of petitioner that a suit for Specific Performance of Contract Act has been filed on behalf of respondent-plaintiff. Petitioner-defendant appeared and filed written statement wherein apart from denying his signature over the alleged deed of Mahadnama, also pleaded that no concluded contract had ever effected amongst the parties on account thereof, suit was not maintainable. Subsequently thereof, respondent-plaintiff filed petition on 23.08.2012 with a prayer to direct the petitioner-defendant to give his signature, writing in Court and further, also to file deed of exchange dated 19.06.1992 whereupon petitioner-defendant filed his objection. The learned lower Court after hearing both the parties passed the order impugned on account of which, the same has been challenged under present petition.

3. It has b