IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.9182/2007. Shimbhu Dayal Vs. Chandra Bhan Soni Date of Order:- 30/1/2008. HON’BLE MR.JUSTICE M.N. BHANDARI Shri Sudesh Bansal for the petitioner. **** This writ petition has been filed to challenge the order dated 27/9/2007 whereby the application moved by the non petitioner was allowed to call for/summon the registered sale deed from the office of Sub-Registrar Baswa. Learned counsel for petitioner submits that the said sale-deed is sought to be summoned only for the purpose of seeking opinion from the hand writing expert though earlier a prayer to this effect made by the non petitioner was also rejected. It is precisely for that reason that the present writ petition has been filed. After considering the submission made by the learned counsel for the petitioner and perusal of the order impugned, it is not come out that the documents so summoned would be sent for seeking hand writing expert though in para 8 it has been stated that in the application so moved by the plaintiff non-petitioner, the documents so summoned is mainly to seek hand writing expert opinion but merely for that reason it cannot construe that court has passed an order to seek 2 SBCWP NO.9182/2007. hand writing expert opinion in regard to said document. It is necessary to clarify that the court exercised its power in that regard under Section 73 of the Indian Evidence Act, 1882 hence, unless some effective order is passed in that regard, it cannot be presumed that necessary hand writing expert opinion would be called by the court concerned. It is made clear that if any such application is moved subsequently to seek an opinion of the hand writing expert then petitioner would be at liberty to agitate the application by referring the order earlier but looking to the measure of the order passed, the apprehension of the petitioner is not seem to be correct thus, merely for the reason that a sale-deed has been summoned from the office of Sub-Registrar Baswa, it cannot mean that the court below is going to seek opinion of the hand writing expert and hence, the order is bad in law. In view of above, I do not find any infirmity in the order impugned. The writ petition is therefore dismissed with the above observation. (M.N. BHANDARI), J. anil