SHAMBHU SONI Vs. KISHORE PRASAD
LAWS(JHAR)-2005-6-80
HIGH COURT OF JHARKHAND
Decided on June 14,2005

Shambhu Soni Appellant
VERSUS
Kishore Prasad Respondents

JUDGEMENT

M.Y.EQBAL, J. - (1.) IN the instant petition, the petitioner has prayed for modification of the order dated 19.1.1998 passed in Civil Revision No. 388 of 1997(R), whereby while rejecting the Civil Revision application this Court made observation that the trial Court while complying with the impugned order will send the disputed documents for comparison by Handwriting Expert of any Government institution.
(2.) THE defendants filed the aforementioned Civil Revision No. 388 of 1997 (R) challenging the order dated 4.10.1997 passed by the Subordinate Judge, Garhwa in Title Suit No. 30 of 1995, whereby the trial Court accepted the prayer of the plaintiff for comparison of the signatures on the disputed documents by a Handwriting Expert. The Civil Revision application was dismissed with the direction to the Court below to refer the documents for comparison to any Government institution preferring Forensic Science Laboratory at Patna or Calcutta. The contention of the plaintiff -petitioner in the instant application is that the said documents have not yet been examined properly by the Expert and, therefore, the order needs modification to the extent that the signatures on the disputed documents may be sent to other expert for examination. From perusal of the record it appears that the documents were sent to Laboratory at Patna and Calcutta thrice and report was submitted by the Forensic Science Laboratory, Patna and Calcutta that no opinion is possible for the reason that the disputed signatures are not comparable. From perusal of the Experts reports annexed with the affidavit, I am of the opinion that no further direction can be issued for examination of the disputed signatures by another expert. The order passed in the Civil Revision needs no modification any further. Since the case is very old, the trial Court is directed to conclude the trial as expeditiously as possible and preferably within a period of four months from the date of receipt of a copy of this order. This application stands dismissed. ;


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