S.A. Dharmadhikari, J. - (1.)With the consent of both the parties, matter is heard finally.
(2.)In this petition Under Art. 227 of the Constitution of India, the petitioner has assailed order dated 16/01/2014 and 16/12/2013 passed by 7th Civil Judge class- II Gwalior in Civil Suit No. 16-B/2013 whereby application filed by the petitioner/plaintiff Under Sec. 151 of the Civil Procedure Code has been rejected.
(3.)Brief facts of the case are that a suit for recovery of immovable property was filed by the petitioner/plaintiff. The respondents/defendants moved an application before the Trial Court Under Sec. 45 of the Evidence Act for examination by the hand writing expert of the disputed receipt, the said application was rejected. Being aggrieved, the respondents/defendants preferred WP No. 349/2012 before this Court which was allowed and hand writing expert was appointed. Hand writing expert took the specimen signature for examination on 26/07/2013 thereafter case was fixed for submitting the report of hand writing expert. The Trial Court suo moto without there being any application filed by the respondent/defendant and without giving any opportunity of hearing to the petitioner passed order dated 16/12/2013 (Annexure P-2) whereby on the oral objection of the respondent/defendant that hand writing expert Shri Anil Agarwal can not be relied upon and therefore they do not want any examination by Shri Agarwal. It was further directed that on the next date of hearing respondent/defendant may produce another able hand writing expert at his own expense.