Nand Lal Rathi v. A.T. Gooyee Enterprises

APO No. 16 of 2021 I. A No. GA 1 of 2021 arising out of GA No. 5 of 2019 Old No. 2587 of 2019 CS No. 258 of 2009

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION ORIGINAL SIDE Nand Lal Rathi

Versus

A. T. Gooyee Enterprises Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice MD. NIZAMUDDIN Date: 19th February 2021 Appearance:

Mr. Siddhartha Lihiri, Advocate Mr. Debraj Dutta, Advocate for the defendant/appellant Mr. Jayjit Ganguly, Advocate Mr. Pradip Sancheti, Advocate for the plaintiff/respondent The Court: This is a suit for eviction. As understood by this Court after hearing learned counsel, the plaintiff has already led evidence. It is closed. It is now the defendant's turn to lead evidence. At this stage, the defendant made an application (GA 5 of 2019; Old No. 2587 of 2019) in the trial court for appointment of a handwriting expert to give an opinion with regard to the execution of certain documents tendered by the plaintiff and exhibited in Court. In our opinion, this is not the correct procedure at all. It would have the effect of delaying the trial.

Now that the turn of the defendant has come to adduce evidence, it is for him to disprove the case of the plaintiff by adducing oral evidence or furnishing documentary proof through witnesses. Such an application is thoroughly misconceived.

Learned judge has rightly dismissed the said application by an order dated 23rd December 2020.

There is no merit in the appeal. we dismiss the same. The connected application (I.A. No. GA 1 of 2021) is also disposed of. The trial may proceed with rights and remedies open to the defendant.

(I. P. MUKERJI, J.) (MD. NIZAMUDDIN, J.) R. Bose