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SUKH LAL GUPTA & OTHERS versus RAKESH KUMAR GUPTA & ANOTHER

High Court of Judicature at Allahabad

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Sukh Lal Gupta & Others v. Rakesh Kumar Gupta & Another - CIVIL REVISION No. 377 of 2005 [2005] RD-AH 5476 (9 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

Heard learned counsel for the applicants.

The applicants, plaintiffs in a suit before the court of Small Causes, during the pendency of suit, filed an application that the receipts produced by the defendants may be examined by a hand-writing-expert and this report may be placed on record before proceeding any further. This application has been rejected by the trial court on the ground that in order to prove sub-letting whatever evidence is already on the record it will be considered in deciding the issue regarding the sub-letting and it is not necessary to ask for any expert's report. On the aforesaid basis the trial court dismissed the application.

The order impugned in this revision is an interlocutory order, which can be challenged by the applicants in case the court ultimately decides the suit against the applicants and a revision is filed by the applicants. In this view of the matter this is not a fit case for interference at this stage. The revision is dismissed.

Dated: 9.11.2005.

mhu - CR 377/05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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