JUDGMENT :

Mahendar Kumar Goyal, J.

1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner/plaintiff assailing the legality and validity of the order dated 31.08.2021 passed by the learned Additional District Judge No. 1, Sikar in Suit No. 50/2011 (CIS No. 248/2014) whereby, an application filed by it under Section 45 of the Indian Evidence Act, 1872 (for brevity "the Act of 1872") has been dismissed.

2. The relevant facts in brief are that the petitioner filed a suit for cancellation of sale deed and permanent injunction against the respondents/defendants. During its pendency, it moved an application under Section 45 of the Act of 1872 requesting to subject the joint venture agreement dated 09.06.2009 and the declaration/confirmation deed dated 17.12.2010 for examination by handwriting expert, Central Forensic Science Laboratory, New Delhi. The application has been dismissed by the learned trial Court vide its order dated 31.08.2021, the subject-matter of challenge.

3. Learned counsel for the petitioner, assailing the order impugned, submitted that the learned trial Court erred in dismissing its application on the premise that on an earlier occ