Honble TATIA, J.–Heard learned counsel for the parties.

(2). The petitioner is aggrieved against the order of the Trial Court dated 29.11.2003 by which the Trial Court dismissed the petitioners two applications, one for taking on record the expert opinion, which petitioner obtained himself from hand writing expert Ramesh Thakkar and prayed that in case there is any objection of the plaintiff about the report of said Ramesh Thakkar as it was obtained not with the prior leave of the Court then the Court may permit the hand writing expert to take photographs of the relevant documents so that fresh report may be brought on record by the petitioner-defendant. The petitioners second application was also with respect to the other documents but for the same purpose of obtaining expert report, that too, was dismissed by the Trial Court.

(3). According to learned counsel for the petitioner-defendant, the plaintiff-respondent was allowed to obtain the hand writing expert report for the document and to rebut that document, the report of another hand writing expert is necessary and without that opinion, the petitioner will not be able to sufficiently rebut the expert opinion, which has been submi

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