1. Petitioner has filed this petition under Article 227 of the Constitution of India being aggrieved by order dated 17.11.2017 passed in Civil Suit No.10-A/2011 by the Court of 2nd Additional District Judge, Dabra, District Gwalior, whereby an application filed by the plaintiff/petitioner under section 45 of the Evidence Act at the stage of final arguments to examine the signatures of the author on the sale-deed has been rejected.

2. It is petitioner’s contention that such order is arbitrary, illegal and unjust inasmuch as there is no provision in the Evidence Act as to the stage at which such application is to be filed for comparison of the signatures under section 45 of the Evidence Act. Learned counsel for the petitioner submits that application for examination of handwriting expert may be allowed even at late stage, but contrary to allowing, this application has been rejected. It is further submitted that in the cross-examination of the defendant difference in the signature of Khuman Singh on Ex.P-12 and Ex.P-13 has been revealed which requires expert opinion and since Court is not an expert, the application has been wrongly rejected.

3. A perusal of the suit filed by the pl