JPD-05 Ct No.01

02.08.2025 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CO 15 of 2023 Smt. Sabari Thakur Vs.

Sri Dhiren Kumar Das Mr. Soumyajyoti Dutta, Mr. Anurag Sharma, Ms. Nikita Agarwal …. for the petitioner Mr. Tapash Kumar Bhattacharya, Mr. Bikash Singha ….for the opposite party

1. The defendant in a money suit has preferred the present revisional application against an order whereby the petitioner’s application under Order XXVI Rule 10A of the Code of Civil Procedure, seeking the appointment of a handwriting expert to compare the handwriting of the husband of the petitioner in Exhibit-1, a purported challan, with another document which was produced by the plaintiff/opposite party himself and was admittedly executed by the husband of the petitioner, was refused.

2. Learned counsel for the petitioner submits that the learned Trial Judge resorted to complete conjecture and surmise in pre-judging the evidentiary value while turning down the said application.

3. It is contended that the report of the handwriting expert, if obtained, shall be the best piece of evidence to ascertain the dispute as to whether the purported challan bearing Exhibit-1 was writt