In the interest of justice, a court may grant a final opportunity to produce a material witness, particularly in remanded matters, despite previous defaults and the closure of the right to lead evidence, subject to the imposition of costs.

ORDER :

VISHAL MISHRA, J.

Learned counsel for the petitioner has made an oral prayer for amending the cause title of the present petition by making it to be a petition under Article 226/227 of Constitution of India.

2. Prayer is allowed.

3. He is directed to carry out the amendment during the course of the day.

4. This petition has been filed assailing the order dated 27/11/2025 passed by Second Additional Judge to the Court of Civil Judge Senior Division, Ashta, District Sehore.

5 . The brief facts of the case are that a claim was filed by the respondent/plaintiff against the petitioner alleging that on 15/06/2018, a sum of Rs.7,93,000/- was demanded by the petitioner from the respondent for his personal needs and respondent gave the sum of Rs.7,93,000/- (Rupees Seven Lakh Ninety Three Thousand Rupees) to the petitioner and the petitioner signed a promissory note in favour of the respondent before the witness. Taking the promissory note, the respondent has preferred a claim before the Trial Court for decree of Rs.9,07,160/- (Rupees Nine Lakh Seven Thousand One Hundred Sixty Rupees) against the petitioner. The case was listed on 27/11/2025 for evidence of hand writing expert. Petitioner filed an application under Order 17 Rule 1 CPC along with medical documents of hand writing expert, but the same was dismissed by the Trial Court. Therefore, this petition has been filed.

6. It is pointed out that the matter was remanded back to the Trial Court for consideration of the report of the handwriting expert which was required to be obtained by the petitioner. Petitioner has obtained the handwriting expert report on 19/02/2025 but could not keep the handwriting expert present for examination before the Court despite several opportunities being granted to him.

7. It is the case of the petitioner that he is ready to produce the handwriting expert but for one or the other reason, the handwriting expert could not come before the Court. It is argued that the last opportunity be granted to the petitioner to enable him to produce the handwriting expert before the Court to certify the report given by him. Therefore, this petition is filed.

8 . Learned counsel appearing for the respondent has marked his presence after dasti notice being served upon him and has vehemently opposed the contentions drawing attention of this Court to the impugned order pointing out the fact as many as on 5 occasions, time was granted by the Trial Court, but every time the petitioner has failed to produce the handwriting expert. The same has been considered by the Trial Court. The Trial Court has also considered the fact that for obtaining the handwriting expert report, the petitioner has also taken ample opportunities from the Court. Therefore, the order was justified.

9. Heard learned counsel for the parties and perused the record.

10. The record indicates that there was a remand order for consideration of handwriting expert report prior to passing final judgment. The petitioner somehow got the handwriting expert report and placed it before the Court but for proving the aforesaid report, presence of the handwriting expert in witness-box would be required. Time and again, as many as on 5 occasions, time was granted by the Trial Court. On 01/09/2025, 18/09/2025, 16/10/2025, 13/11/2025, petitioner has failed to produce the handwriting expert before the Trial Court for examination. The Trial Court further considered the fact that the case is under the category of 25 old cases, therefore, the impugned order has been passed closing the right of examining the handwriting expert and fixed the matter for final arguments.

11. It is argued that the handwriting expert report is a material document which has to be exhibited before the Court and has to be confirmed by the handwriting expert for doing the complete justice in the matter. It is pointed out that the matter is listed tomorrow before the Trial Court for final arguments.

12. Be that as it may. The fact remains that the matter was