D. P. MOHAPATRA, J.

( 1 ) THE scope of S. 73 of the Evidence Act is the core question that arises for consideration in this application under S. 115, Civil P. C. By the impugned order the trial Court has allowed the application of opposite party No. 1, State Bank of India to direct the petitioners to give their handwriting and signatures in court for the purpose of comparison with disputed writings through the help of a handwriting expert.

( 2 ) THE opposite party 1 filed Money Suit No. 22/80 before the Subordinate Judge, Jajpur for realisation of a sum of Rs. 40,620. 75 from the petitioners and opposite party 2. The account in question stood in the name of opposite party 2. The allegations material for the purpose of the present proceeding are that petitioner 1, Sashi Bhusan Pati operated the account on several occasions and he withdrew the total sum of Rs. 34,380 unauthorisedly from the account of opposite party 2. This having been detected by the authority subsequently, the said petitioner 1, as alleged by the Bank, admitted to have so operated the accounts and further stated that petitioner 2 (defendant No. 3) received a part of the amount so withdrawn by him from the account