SABYASACHI BHATTACHARYYA,J. - (1.) The grievance of the present petitioner, being the plaintiff in a suit for declaration and injunction, is that the trial court acted without jurisdiction in virtually violating the previous order passed by a coordinate Bench of this Court in allowing partially an application filed by one of the defendants for exemption to produce a particular deed of gift.
(2.) The short background of the matter is that previously an application was filed by the petitioner for comparison of handwriting in a deed of gift with another document, by appointment of an expert, as well as another application for production of the relevant deeds of gift for the purpose such comparison. The trial court had allowed the appointment of handwriting expert, but refused to direct the deeds of gift to be produced. Upon a revisional application being preferred, giving rise to C.O. No. 632 of 2015, a co-ordinate Bench of this Court, vide Order dated April 24, 2017, modified the said order of the trial court, thereby directing the trial Judge to call for the original deeds of gift from the defendants and then send those three original deeds of gift to the handwriting expert for comparison and report. It was observed, inter alia, that if the defendants could not produce the alleged deeds of gift executed by Sk. Mossaraf Hossain in favour of the deceased defendant no.2, the defendants would have to face the legal consequence thereof.
(3.) Subsequently, two of the defendants produced the deeds of gift, but the defendant/opposite party no. 2 (Eno), namely Manju Bewa, inter alia stating that she was an illiterate lady coming from the rural parts of the state and could not find out such deed despite her best efforts.;