SUDIP AHLUWALIA
Somnath Mondal – Appellant
Versus
Murari Mondal – Respondent
Sudip Ahluwalia, J.
This revisional application is directed against the order No. 61 passed by the Learned Civil Judge (Senior Division) in Title Suit No. 78 of 2004 of his Court on 11.11.2010. In passing the impugned order, the Ld. Judge had been pleased to reject an application filed on behalf of the petitioners, who are the defendants in the suit, praying for having the alleged signatures put by one of the plaintiffs to be examined by the Hand-Writing Expert. It may be mentioned that the alleged signatory had denied the signatures during his evidence as PW-1, on being confronted with the relevant documents.
2. It transpires that the aforesaid application was resisted on behalf of the plaintiffs/opposite parties basically on the grounds that it was filed at a belated stage and was actually designed to delay and drag the suit, and that there was actually no need for examination of the alleged signature of PW-1 on the documents including an Angikar Patra relied upon by the petitioners/defendants. These are the gist of the objections, as seen on perusal of the written objections, being Annexure-F to the application, filed against the petitioners application for examination o
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