Ved Prakash Gupta And ANR v. Shankar Prasad Singh @ Jai Shankar Prasad And ORS

Patna High Court CWJC No.2053 of 2014 (2) dt.11-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2053 of 2014 ====================================================== Ved Prakash Gupta & Anr .... .... Petitioner/s

Versus

Shankar Prasad Singh @ Jai Shankar Prasad & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Gupta For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-12-2015 Heard the learned counsel for the petitioners. By the impugned order dated 26.11.2013, the Court below has directed the petitioners, who are the plaintiffs in eviction suit, if so advised, may examine another expert at his choice. While allowing the application filed by the defendant, the Court below granted liberty to the plaintiff-petitioner. The grievance of the petitioners is that instead of sending the other documents available before the Municipal Authorities, Lakhisarai, the Court below has wrongly sent the specimen signature filed by the defendant.

Perused the order. It appears that the defendant filed the application praying for sending the specimen signature taken in compliance of the order dated 16.04.2013 for comparison to finger print expert, Ms. S. Fatima, Civil Court, Patna. This application has been allowed by the Court below.

Patna High Court CWJC No.2053 of 2014 (2) dt.11-12-2015 In view of the above facts that by the impugned order only the application for comparison has been allowed, there is no question of any prejudice to the plaintiff-petitioner arises nor it causes any grave injustice nor occasioned failure of justice. Therefore, the impugned order cannot be interfered with in supervisory jurisdiction and accordingly, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T