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2011 Supreme(Cal) 17

SYAMAL KANTI CHAKRABARTI
Aditi Rani Biswas – Appellant
Versus
Khagendra Nath Dutta – Respondent


Advocates appeared:
Monoj Kumar Roy, Biswajit Sardar

JUDGMENT

1. SEEN the affidavit of service upon both the opposite parties. Let it be kept with the record.

2. HEARD learned Lawyer for the petitioner and perused the instant revisional application. The same is directed against order No. 27 dated 10.11.06 passed by learned Civil Judge (Junior Division), 1st Court, Barasat in Title Suit No. 85 of 1990. Learned Lawyer for the petitioner submits that in the Court below plaintiff filed a petition praying for examination of the LTI of executant in the concerned registry office in respect of said Deed which is marked as Exts. 1. and 1A of the suit for its,comparison with all the LTIs of defendant No. 1 taken by the registry office on the overleaf of the first page of both sides marked as Exts. 1 and 1A, that means, sale deed Nos. 13363 and 13365. Since the plaintiff's right, title and interest claimed in the suit depends upon genuineness of the above two sale deeds which are disputed by the defendant, the plaintiff wanted to prove the same by handwriting expert. But the learned Court below after hearing both parties has rejected such prayer on the grounds that an order of signature of examination has already been passed by the Court upon p



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