JUDGEMENT
PRASENJIT MANDAL, J. -
(1.) THIS application is at the instance
of the defendant and is directed against the order dated
June 18, 2013 passed by the learned Civil Judge (Junior
Division), 5th Court, Howrah in Title Suit No.48 of 2009
thereby rejecting an application for appointment of a
handwriting expert filed by the defendant.
(2.) THE plaintiff/opposite party herein has instituted the aforesaid suit against the defendant/petitioner
herein before the learned Trial Judge for declaration and
injunction praying that the registered deed of gift dated
December 18, 2008 is void and other consequential
reliefs.
The defendant/petitioner herein is contesting the said suit by filing an appropriate written statement
denying all the material allegations raised in the
plaint. When the said suit was at the stage of recording
evidence and the defendant tendered the documents, such
as agreement, deed in question, money receipts, etc., to
the plaintiff/opposite party herein, he denied the
execution of the same.
(3.) UNDER such circumstances, the application for appointment of a handwriting expert was filed by the
defendant and the said application was rejected by the
impugned order. Being aggrieved, this application has
been preferred.;
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