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1992 Supreme(Ker) 91

G.H.GUTTAL
Erinhikkal Parammal Ravindran – Appellant
Versus
K. Roja – Respondent


Advocates:
Mr. P.V. Narayanan Nambiar, for Petitioner; Mr. E.V. Nayanar, for Respondents.

ORDER:-

The principal question for consideration is whether an order rejecting the application for reference of disputed documents to a handwriting expert constitutes "case............decided" within the meaning of sub-section (1) of Section 115 of the Code of Civil Procedure. By his order dated 27-6-1991 in I.A. No. 1440 of 1991 in O.P. No. 85 of 1987 under Section 13 of Hindu Marriage Act, the learned Principal Sub-Judge, Talassery, dismissed the husband's prayer for an order directing the wife, to furnish her specimen handwriting for the purpose of comparing them with the disputed letters (Exts. A8 to A14) alleged to have been written by her to her paramour. He impugns the validity of this order.

2. The facts out of which the petition arises are these:

O.P. No. 85 of 1987 by the husband is for decree of divorce on the ground that his wife (respondent No. 1) committed adultery with Balakrishnan (respondent No. 2). The petition was filed in 1987. The evidence commenced in 90. The wife, in her written statement, filed in 1987, specifically denied that she wrote the disputed letters to Balakrishnan. The evidence of the husband (P.W. 1) commenced on 16-3-1990 and ended on 24-3-1990. Th





























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