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1974 Supreme(Guj) 36

S.N.PATEL
BABUBHAI MULCHANDDAS KAPADIA – Appellant
Versus
ISHWARLAL DEVCHAND KABRAWALA – Respondent


Advocates Appeared: K.H.KAJI, S.N.SHELAT

S. N. PATEL, J.

( 1 ) THIS revision application is directed against the order passed on 11th February 1974 by the learned 3rd Joint Civil Judge (J. D.) Surat directing the defendant to write in the open court contents of writings Q1 and Q2 as desired by the Assistant Government Examiner of Questioned Documents.

( 2 ) THE petitioner is original plaintiff. The respondent is original defendant. The plaintiff filed Civil Suit No. 1207 of 1969 against the defendant for ejectment. The plaintiff relied upon the rent note dated 15 in respect of the suit premises alleged to be executed by the defendant. The plaintiff also relied upon a writing dated 31st October 1963 below the rent note. In the said suit the defendant filed an application dated 17th April 1972 and contended that the defendant bad put the signature at the end of the rent note but the defendant had not put his signature at the end of the writing below the rent note. The defendant contended that the writing below the rent note and signature below the said writing were not in his hand-writing. The defendant by the said application requested that as he was disputing the signature and the writing at the foot of the rent note the o








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