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2001 Supreme(Ori) 217

P.K.MOHANTY
BHAGIRATI SAHU – Appellant
Versus
AKAPATI BHASKAR PATRA – Respondent


Advocates Appeared:
A.TRIPATHY, C.A.RAO, M.MISHRA, S.K.BEHERA

P. K. MOHANTY, J.

( 1 ) THIS Revision is directed against the order of the learned Civil Judge (Senior Division), Berhampur rejecting the application under Order 26, Rule 10 (A) of the Code of Civil Procedure for sending the disputed signature in the alleged agreement for sale of the suit house for examination and opinion of the handwriting expert.

( 2 ) THE short facts of the case is that the opposite party filed Title Suit No. 19 of 1992 in the Court of the learned Civil Judge (Senior Division), Berhampur for a decree of specific performance of contract basing on the agreement (Ext. 2 ). The petitioners filed Title Suit No. 94 of 1992 for eviction of the opposite party from the suit house. Both the suits were taken up for analogous hearing. The present petitioners filed an application under Order 26, Rule 10 (A) , C. P. C. read with Section 151, C. P. C. and prayed for sending Ext. 2 to the handwriting expert mainly on the ground that both the parties produced oral and documentary evidence in respect of their respective contentions and in order to arrive at a right conclusion the purported agreement for sale of the disputed house (Ext. 2) which is the sole basis of the claim fo










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