N. L. Ganguly, J. - (1.) THIS petition is directed against an interlocutory order dated 5-8-93 rejecting the application moved by the petitioner for getting the signature of the petitioner of the challan said to have been done at the instance of Inspector Weights and Measurements, Etah. The petitioner denied this signatures to be there on the challan and even on the receipt paying the fine. No doubt the parties were permitted to lead evidence by affidavits and they have done so and witnesses who had filed affidavits, were also permitted to be cross-examined. The petitioner was advised to move the application to get the documents in question examined by the Hand Writing Expert. THIS was not accepted and the application was rejected.
(2.) NO doubt this court in interlocutory orders, generally do not interfere under Art. 226 of the Constitution but there are certain cases in which the circumstance if appears to be compelling, and non-interference likely to cause injustice to the parties, this court has the power and has interfered in large number of cases. After considering the allegations in the application and the facts stated in the writ petition, I am of the opinion that the petitioner had taken a correct step by moving the application for getting the document examined by the Hand Writing Expert. That would be the better course than to decide the case on affidavit versus affidavit. Sri Vipin Saxena has filed caveat in the case. I have heard him also. He submitted that he would not like to file any counter-affidavit and agrees that the petition itself may be finally decided today at the admission stage. After hearing the learned counsel for the parties, I am of the opinion that in the ends of justice, it was necessary to have allowed the application for getting the documents in question examined by Hand Writing Expert which the authority below had wrongly declined, I direct the prescribed Authority, Etah to permit the petitioner to get the documents involved in the case before him examined by Hand Writing Expert He shall bear the expenses for getting the documents examined and reports be submitted. Similarly. Sri Vipin Saxena representing the landlord made submissions that it may be necessary for him also to examine Hand Writing Expert. I direct that in case any application is moved on behalf of the landlord, he shall also be permitted to get the documents in question examined by the Hand Writing Expert at his cost, but there is specific direction that all these examination of the documents by either of the parties by Hand Writing Expert, should be completed within two months from the date of filing a certified copy of the order. After the report and evidence of the Hand Writing Expert is submitted, the case itself may be decided in next two months. With these observations, the writ petition is allowed. Parties to bear costs.
(3.) A copy of this order be given to the learned counsel within three days on payment of usual charges. Petition allowed.;