MADHABI DAS Vs. BISHNUPADA NASKAR
LAWS(CAL)-2013-11-24
HIGH COURT OF CALCUTTA
Decided on November 25,2013

Madhabi Das Appellant
VERSUS
Bishnupada Naskar Respondents

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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