M.Y.EQBAL
Satyanarayan Rao – Appellant
Versus
M. Prasad Rao @ M. Rao – Respondent
M.Y. Eqbal, J
1. Heard Mr. P.K. Bhowmik, learned Counsel appearing on behalf of the petitioner and Mrs. A.R. Choudhary appearing on behalf of the respondent.
2. In this writ application under Article 227 of the Constitution of India, the petitioner, who is the defendant in the suit, has prayed for quashing the order dated 27.2.2006 passed in Money Suit No. 14/2002 whereby the Subordinate Judge, Jamshedpur refused to send the document for examination by handwriting expert.
3. From perusal of the order it appears that the Court below rejected the application mainly on the ground that the evidence of the defendant was closed and thereby he lost the opportunity to get the document examined by a handwriting expert.
4. It appears that the plaintiff-respondent filed the aforesaid Money Suit No. 14/2002 in the Court of Sub-Judge, Jamshedpur for a decree of realisation of Rs. 2,05,000/- on the ground, inter alia, that the defendant borrowed a sum of Rs. 1.5 lacs from the plaintiff at the time of this need and agreed to repay the same with interest at the rate of 18% p. a.
5. The defendant, in the written statement, denied the allegation and took a defence that the alleged hand note is a for
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