The petitioner/defendant filed an application under Section 45 of the Indian Evidence Act, in IA.No.1318 of 2012 in OS.No.26 of 2012 to send the suit promissory note dated 16.01.2011 to the handwriting expert for comparing the handwriting and signatures with that of the contemporaneous signatures of the petitioner/defendant. The said petition was allowed. The Court directed the petitioner to produce the documents containing contemporaneous signatures of the defendant within a particular time. On the given date, the petitioner failed to produce the documents and that the learned trial Court disposed of the petition filed under Section 45 of the Evidence Act. Even before the petition was disposed of on the same day, the petitioner filed a petition under Section 148 CPC seeking enlargement of time for producing the documents. The learned trial Court, it seems that, without disposing of the said application, disposed of the petition filed under Section 45 of the Evidence Act. Under these circumstances without going into merits of the case, the trial Court is directed to dispose of the petition filed by the petitioner under Section 148 CPC whereunder he sought time to produce the required documents.
