- (1.) THE matter comes up on the application submitted by the respondent for vacation of interim order passed by this court on 10. 03. 2006 staying the proceedings in civil Suit No. 12/2004.
(2.) SINCE the submissions on the application as well as on the main petition are common, the writ petition itself has been decided finally with the consent of the learned counsel for the parties.
(3.) THE writ petition has been filed by the defendant-petitioner challenging the order dated 31. 01. 2006 by which the application submitted by the defendant dated 07. 11. 2005 with the prayer that the document in dispute (Hundi) may be sent for examination by Hand writing Expert. The reason which has been given by the learned counsel for the petitioner-defendant for seeking the aforesaid prayer is that in the plaint, the plaintiff had submitted that the Hundi was in the hand writing and written by one Ram Vilas PW-2 whereas in;