Shankar Prasad v. Lakhan Das And ORS

Patna High Court CWJC No.13994 of 2015 (3) dt.20-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13994 of 2015 ====================================================== Shankar Prasad .... .... Petitioner/s

Versus

Lakhan Das & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-06-2016 Heard the learned counsel, Mr. Dharmendra Kumar Sinha for the petitioner.

Perused the impugned order. It appears that the plaintiffpetitioner has filed suit for specific performance of contract. The defendant-respondent filed written statement denying the signature on the alleged agreement. Thereafter application was filed by the defendant for comparison of the disputed signature with the signature appearing on the written statement and the vakalatnama filed by the original defendant.

By the impugned order, the Court below has allowed the said application and sent the same for comparison to the expert. The order passed by the Court below is within jurisdiction of the Court and it neither occasioned failure of justice nor prejudiced the petitioner. Thus, it is not a case for interference

Patna High Court CWJC No.13994 of 2015 (3) dt.20-06-2016 in supervisory jurisdiction.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T