Single judge rejected petition seeking mandatory direction to non-party husband for handwriting examination, holding prayer legally untenable as husband was neither party nor witness.
Application dismissed; prayer for examination of signature against non-party refused.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14948 of 2013
====================================================== Achchay Kumar Singh Son Of Late Mahadeo Rai Resident Of Mohalla - Chakbinda Nears Shanti Bhawan ( Behind Road No. 10 ), P.O. Anisabad, P.S. Gardanibag. Town and District – Patna.
.... .... Petitioner/s
Versus Sumitra Devi Wife Of Shree Lal Babu Akela Resident Of Mauza / Mohalla - Nauratanpur, Indira Nagar, Road No. 5a, P.S. Jakkanpur, P.O. G.P.O., Town And District – Patna.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarangdhar Jha, Adv. For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER
2 20-12-2016 Nobody appears on behalf of the petitioner in spite of
repeated calls.
By the impugned order, the learned court below has refused the prayer of the petitioner for examination of the signature by handwriting expert. From the perusal of the materials on record as well as the impugned order, it transpires that as the husband of the petitioner was neither party nor witness in the suit, the prayer for direction to him to give specimen signature and getting the same examined by handwriting expert was not legally tenable. This Court does not find that the decision by the learned court below in the impugned order is unreasonable or illegal in any manner.
Patna High Court CWJC No.14948 of 2013 (2) dt.20-12-2016
2
The application is accordingly, dismissed.
(V. Nath, J)
Devendra/-
U
1 issue framed by the court
Whether refusal to allow examination of signature by handwriting expert against non-party was illegal or unreasonable
Achchay Kumar Singh Son Of Late Mahadeo Rai
Sumitra Devi
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
