1. - This writ petition has come up upon application filed by the petitioner for early listing. With the consent of the parties, the matter is finally heard.

2. In this writ petition, the petitioner has prayed for quashing order dated 03.11.2011 (Annex.-5) whereby application filed by the petitioner-defendant on 29.09.2011 under Section 45 of the Evidence Act, read with Section 151, C.P.C. was rejected, in which, a prayer was made by the petitioner to send registered sale-deed to the civil expert for ascertaining the correctness of thumb impression upon the registered sale-deed.

3. Learned counsel for the petitioner submits that in view of the judgment reported in 2005(5) WLC 186, Mohd. Aslam v. Shambhu Singh , document can be sent to the handwriting expert again to ascertain the correctness of the thumb-impression. Therefore, the order impugned deserves to be quashed.

4. Per contra, learned counsel appearing for the respondent submits that there is no error in the order impugned because for the same allegation an FIR was filed at Police Station Sayara being FIR No.44/06, registered for offences under Sections 420, 467, 468 and 471, I.P.C., in which, regular investigation was