Evidence Act, 1872—Ss.45, 47 and 67—thumb impression on impugned document of agreement of sale – examination by handwriting expert—examination of thumb mark is a complete science –because the thumb impression of two persons cannot be similar –application under S.45 allowed.

ORDER

A.K. Shrivastava, J. -- 1. Asuit for specific perfomance of contract has been filed by plaintiffs/petitioners in respect of certain immovable property which is the subject matter of the suit. The factum of execution of the agreement of sale has been denied right from very beginning by the defendant Nos. 1 and 2/ respondents in their written statement. the defendants further denied their thumb impression on the document of agreement of sale.

2. At the stage of final argument, an application under section 45 of the Evidence Act was filed by the plaintiffs to get the document examined by handwriting expert in order to take out the grain from the chaff

3. This application was vigorously opposed by learned counsel appearing for the respondents, who were defendants in the trial Court.

4. The learned trial Court dismissed the said application by the impugned order and in this manner, this petition has been filed unde

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