Arun Bhansali, J. - (1.) HEARD learned counsel for the petitioner. The petitioner is aggrieved by order dt. 12.02.2014 passed by the Additional District Judge No. 5, Jodhpur Metropolitan, whereby, the application filed by the petitioner under Sec. 45 of the Indian Evidence Act, 1872 (for short 'the Evidence Act') has been rejected.
(2.) THE facts in brief may be noticed thus: the petitioner -plaintiff filed a suit seeking cancellation of sale deed. It was, inter alia, the case of the plaintiff that the power of attorney dt. 17.04.2006 said to have been executed by her does not bear her signatures and, therefore, the sale deed executed based on the said power of attorney and subsequent transactions are all void and deserve to be cancelled. The evidence was led by the plaintiff and the defendant also led their evidence. Whereafter, the present application under Sec. 45 of the Evidence Act was filed, inter alia, seeking examination of the signatures on the power of attorney by expert/FSL.
(3.) THE application was opposed by the defendants and the trial Court by its impugned order dt. 12.02.2014 rejected the application on coming to the conclusion that in view of the fact that the evidence of the plaintiff and the defendants is already over, the application was not liable to be accepted.;