BASUDEVA PANIGRAHI, J. - (1.) THIS is a revisional application filed under Section 115 of the Code of Civil Procedure challenging the order passed by the learned Civil Judge in Title suit No. 27/98 rejecting the petitioner's prayer for sending up the disputed agreement dated 8.2.96 to a hand-writing expert.
(2.) THE essential fact leading to this revisional application is as follows : The plaintiff/opposite party has filed the above suit for specific performance of contract on the basis of a deed of agreement purported to have been executed by the defendant/petitioner on 8.2.96 for a consideration amount of Rs. 72,000/-. It has been, inter alia, claimed by the plaintiff that an amount of Rs. 67,000/- was paid as part consideration and the balance amount was agreed to be payable at the time of registration. Since the defendant/petitioner backed out from registering document, therefore, the opposite party/plaintiff filed a suit for specific performance of contract. The defendant/petitioner apart from other stand taken in the written statement has disputed the agreement alleged to have been executed by him. At the time of evidence the plaintiff had examined other witnesses besides himself in support of his case. The agreement alleged to have been executed by the defendant was also proved by the witnesses. At that stage, the defendant has, however, disputed the genuineness of the document and also disputed his signature. D.W. 1 who is the defendant in this case, examined and disputed the existence of the agreement. An application was filed by the petitioner in the trial Court for sending up the document to a hand-writing expert for making a comparison of the disputed signature along with other admitted signature. But, however, such prayer was turned down. Therefore, the defendant being aggrieved by such order, preferred this revisional application.
(3.) MR . Das, learned Advocate appearing for the petitioner has strongly urged that the learned trial Court has erred in fact as well as law in rejecting the defendant's prayer for sending up the document to a hand-writing expert. He has also placed the impugned order before me where the learned Civil Judge has discussed the case on merit and rejected the defendant's prayer.;