SBCWP NO.5814/2007. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R Shyam Sunder & Ors. Vs. Civil Judge (JD) Bharatpur & Ors. S.B. CIVIL WRIT PETITION NO.5814/2007. Date of order : 8/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Hemendra Goyal for the petitioners. Shri D.D. Khandelwal for the respondents. ****** BY THE COURT:- Heard learned counsel for the parties. This writ petition has been filed against the order dated 11/7/2007 passed by the learned trial court whereby the application of the petitioner for sending his signatures for examination by hand writing expert has been dismissed. Learned counsel for the petitioner has argued that two brothers who are respondent Nos.3 and 4 are in collusion with plaintiff-respondent No.2 and have admitted his claim in the suit. It is contended that signatures of the petitioner were forged on the pronote and that the learned trial court illegally declined to send the same for examination to the hand writing expert. SBCWP NO.5814/2007. 2 Learned counsel for the respondents has opposed the writ petition and argued that this is an old suit of 1998 for recovery of Rs.24,600/- therein, petitioner filed an application only to delay the proceedings. On perusal of impugned-order, it is found that the trial court has rejected the application observing that at this stage, it would not be necessary to call for the report of the hand writing expert on the signatures of the petitioners and held that signatures of the petitioners on such documents can be compared with admitted signatures of the petitioners as per Section 73 of the Indian Evidence Act, 1882. It is made clear that if any difference is found between two signatures of the same person, then only summoning of the report of the hand writing expert would be essential otherwise not. But, no such case is made out here. I do not find any infirmity, illegality or perversity in the impugned-order of the learned trial court. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil