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2017 Supreme(Ori) 983

BISWANATH RATH
Debasis Saha – Appellant
Versus
Basudev Saha – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s. Yeeshan Mohanty, P.C. Biswal, S.K. Behera
For the Opposite Party : M/s. Bibekananda Bhuyan, S. Patra

JUDGMENT :

Biswanath Rath, J.

1. This Civil Miscellaneous Petition involves a challenge to the order under Annexure-7 passed by the learned Second Additional Civil Judge (Sr. Divn), Cuttack rejecting an application at the instance of the defendants for sending particular documents to any other Central/State Laboratory for examination of the issue involved.

2. Leaving apart the unnecessary details, the fact required for the purpose of consideration of the case at hand is that the petitioners filed a suit for eviction against the defendants concerning the land and building appearing in the schedule. This suit was tried together along with C.S. No.222/2008 at the instance of the defendant concerning the same property. During course of cross examination of P.W.1 by the present petitioners, finding confrontation of the P.W.1 to several documents to be of different handwritings and signatures, the present petitioners as the defendants in C.S. No.482 of 2006 and the plaintiffs in C.S.No.222 of 2008 filed an application under Order 26 Rule 10(A) read with Section 75(a) and 151 of C.P.C requesting the Court to send the particular disputed handwritings, documents to handwriting experts for scie

























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