Calcutta High Court (Appellete Side)
Smt. Kanan Das vs Smt. Archana Burman & Ors on 2 February, 2018
1 04. 02.02.2018
mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No. 224 of 2018 Smt. Kanan Das
-Vs.-
Smt. Archana Burman & Ors.
Mr. Rafikul Islam Sarkar ...for the petitioner The petitioner has challenged in the present revisional application an order, whereby the petitioner's application under Order XXVI Rule 10 of the Code of Civil Procedure, for expert examination of the left thumb impression of the petitioner's father in two deeds, was rejected. Upon the petitioner filing a suit for eviction and the defendants controverting the allegations of the plaint by filing a written statement as well as an independent counter-claim, the petitioner filed a written statement to such counter-claim.
In paragraph 5 of the said written statement, the petitioner has thrown challenge inter alia to the two deeds, the left thumb impression on which the petitioner now seeks to get examined by an expert. It appears from such written statement that allegations of forgery, as well as one of the deeds not being executed at all, 2 have been levelled by the petitioner. However, the trial court has refused expert examination primarily on the premise that there has been no specific challenge by the petitioner to the left thumb impression on such documents. It prima facie appears that there may be substance in the contention of the petitioner that the pleading in the written statements are sufficient to justify an enquiry into the authenticity of the left thumb impression on the relevant deeds.
Accordingly, the petitioner is directed to serve a copy of C.O. No. 224 of 2018 upon the opposite parties intimating the opposite parties that the matter will next appear on February 13, 2018 for hearing on such limited question.
The petitioner shall file affidavit of service on the next date of hearing.
(Sabyasachi Bhattacharyya, J.)