- (1.) This writ petition has been filed against the order dated 28.11.2008 passed by the Munsif -I, Dhanbad in Title Suit No. 115 of 2004 rejecting the petition filed on behalf of the defendant-petitioner for sending the signature of the respondent-plaintiff marked in Exhibit A to the hand writing expert for ascertaining its genuineness under the provisions of Order XXVI Rule 10 (A) of the C.P.C. Mr. Mazumdar, learned counsel for the petitioner submitted that in paragraph 10 of the written statement filed on behalf of the defendant-petitioner, the undertaking given by the plaintiff-respondent on 19.3.2004 was relied in which it was said that the plaintiff would accept his group wages or the wages last drawn whichever is less. Such undertaking was marked as Exhibit A, but during cross- examination, in paragraph 26 and 34, the plaintiff denied to have given any such undertaking, and therefore, it became necessary for proper adjudication of the dispute that the signature of plaintiff on Exhibit A be sent to hand writing expert.
(2.) Mr. Mukhopadhyay, learned counsel for the plaintiff- respondent, on the other hand, supported the impugned order and submitted that such petition was filed during course of hearing only to delay the disposal of suit and moreover, Exhibit A was not relevant in view of Exhibit 1 which is the letter of acceptance of the offer of V.R.S. made by the plaintiff. He further submitted that Exhibit A was not relevant and petitioner was claiming payment as per Exhibit 1. The learned court below has rejected the prayer of the petitioner mainly on the ground that it was filed when case was fixed for argument and that, there are ample evidence available on record to decide the suit on merits.
(3.) It appears that Exhibit A exhibited by the petitioner was marked with objection, and then the plaintiff-respondent, during cross- examination denied to have signed on Exhibit A. In my opinion, such prayer of petitioner should have been allowed for proper adjudication of the controversies between the parties and in the interest of justice. Accordingly, the impugned order is set aside and the prayer of the petitioner made in the petition dated 20.8.2008 is allowed. The trial court will expedite the trial of the suit. The parties will cooperate in early disposal of the suit. However, this order is subject to payment of cost of Rs. 2,000/-payable by the petitioner to the other side in the court below within two weeks from today. With these observations and directions, this writ petition is disposed of.;