IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2016 of 2008 DINA NATH PRASAD @ DINA NATH GUPTA & ORS Versus SMT.SAROJ SINHA & ANR ----------- 2 3/12/2008 Heard counsel for the petitioners. In the opinion of this Court the earlier order for obtaining opinion of handwriting expert passed with consent of the petitioners could not have been recalled if both the parties did not agree on the issue there is requirement for such opinion of the handwriting expert. The plea of the petitioners that subsequently both the parties had discovered that the document in question was a forged document and therefore there is no requirement for the opinion of handwriting expert is rather stretching matter, too far. What would be evidentiary value of such report of the handwriting expert will definitely be gone into by the court below at the time of hearing of the suit but on that ground a party cannot be allowed from getting the earlier order 2 recalled which was passed with the consent of the parties agreeing to refer the document in question to the handwriting expert for his expert opinion. Further submission of Mr. vishundeo Narayan learned Senior counsel appearing on behalf of the petitioner that since the Court below itself has found in the impugned order that no useful purpose will be served by obtaining opinion of the handwriting expert on the disputed document, can hardly be a sufficient ground for recalling the earlier order because such order came to be passed on the behest of the plaintiffs-opposite parties who still do not agree with the prayer of the petitioners that opinion of the handwriting expert is no longer required to be obtained on the disputed document. Be that as it may, this Court does not find any jurisdictional error in the impugned order. The court below should now expedite hearing of the suit and ensure that the same is disposed of preferably within a 3 period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction the application is accordingly dismissed. (Mihir Kumar Jha, J.) Abhay Kumar