- (1.) This revisional application under Article 227 of the Constitution of India is at the instance of a plaintiff in a suit for declaration and Injunction and is directed against order dated March 6,1991 passed by the learnad District Judge, Nadia in Civil Revision Case No. 72 of 1990 and also against order No. 17 dated August 23, 1990 passed by the learned Munsif, 1st Court, Ranaghat in Title Suit No. 136 of 1977 thereby dismissing the suit for non-deposit of handwriting expert's fees.
(2.) It the aforesaid suit filed by the petitioner, on his prayer a handwriting expert was appointed for the purpose of examination of the signature appearing in a document. It appears from the record that several dates were gives for deposit of the fees of such expert but the present petitioner did not comply with such orders. Ultimately, the learned trial Judge by order No. 152 dated April 26, 1990 gave a last chance to the petitioner to deposit the said amount and it was recorded in the said order that in default of such payment, the suit would stand dismissed.
(3.) The petitioner not having deposited such amount, the learned trial Judge by order No. 17 dated August 23, 1990 dismissed the said salt for non-compliance of the Court's order.;