THOTTATHIL B.RADHAKRISHNAN
Laxmi Bai Gupta – Appellant
Versus
Narendra Gupta alias Girdhar Gupta – Respondent
1. This writ petition under Article 227 of the Constitution of India is against an interlocutory order issued by the trial Court during the course of a civil suit.
2. The Petitioners applied for scientific examination of certain disputed signatures by the experts. The trial Judge refused such request. That is under challenge.
3. There is no absolute rule that in all cases of disputed signature, reference must be made to an expert. Expert is expected only to assist the Court to reach at the conclusion and the decision regarding the acceptability or not of a particular signature rests squarely on the Court.
4. The impugned order is one which is in the course of trial of a civil suit. The question whether the signatures were to be referred for expert opinion is a question that is always open even before the appellate stage. An issue relatable to due process in trial is itself a matter that would be open for consideration in a first appeal, in civil jurisdiction, under Section 96 of the Code of Civil Procedure.
5. No situation of failure of justice during the course of trial is established. There is no exceptional ground or established case of miscarriage of justice, which calls for
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