IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.387 of 2007 ABDUR RAHIM @ ABDUL RAHIM Versus MD.SAKIR SAH & ORS ----------- 2 25.07.2008 Heard counsel for the petitioner. In the opinion of this Court when the petitioner does not admit the signature of the defendant No.1 on the written statement filed in the Court and/or the sale deed executed by him, now order directing to examine the disputed document executed by defendant No.1 on the basis of these two documents, in all probability, will not lead to any satisfactory result specially when the present defendant No. 1 is alive and is within the reach of the Court. In that view of the matter, this Court would direct the Court below to reconsider its view by directing the defendant No.1 to appear in the Court and put his specimen signature on the basis of which the disputed document can be compared by hand writing expert. Accordingly the impugned order is set aside and the matter is remitted back to the trial court with the aforementioned observations and directions. BCJ (Mihir Kumar Jha, J.) - 2 -