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2025 Supreme(Online)(Cal) 3760

CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
Smt. Jaba Goswami – Appellant
Versus
Nemai Chandra Sardar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Aninda Sarkar
For the Respondents: Mr. Dyutiman Banerjee, Mr. Arnab Sinha

Hiranmay Bhattacharyya, J.

This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order being no. 61 dated March 24, 2025 passed by the learned Civil Judge (Junior Division), 2nd Court at Alipore in Title Suit No.

158 of 2013.

By the order impugned the application filed by the petitioner under Order 26 Rule 10A of the Code of Civil Procedure praying for appointment of a hand writing expert for comparison of the signature of the defendant/opposite party herein with her signature appearing in the agreement for sale was rejected.

The learned advocate appearing for the petitioner submits that the opposite party herein entered into an agreement with the petitioner for the purpose of sale of the property in question. He submits that in the evidence the DW-1 has stated that the signature on exhibit ‘A’ is not her signature.

Mr. Banerjee, learned advocate appearing for the opposite party submits that the learned trial judge has compared the signatures of DW-1 in the agreement for sale as well as the deposition sheet and observed that two signatures are different and the person appearing as DW-1 did not sign on the documen

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