IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2080 of 2008 RAM DAYAL SINGH & ORS Versus RAMFUL MANJHI ----------- 2 12.12.2008 Heard counsel for the petitioners. Where an inter-parte order was passed on 24.3.2007 containing certain direction of the court below with regard to comparison of the disputed signature with reference to a particular document, if the petitioner did not choose to challenge the same, he must be held to have acquiesced his right. To that extent, the order of the court below refusing to recall the order dated 24.3.2007 does not suffer from any jurisdictional error. It must be however clarified that the apprehension of the petitioners that the report of the handwriting expert, having been based on document dated 25.8.2000 which is said to be disputed in view of its having been originated after the filing of the suit, could be used against them is wholly misconceived. Such report of handwriting expert can be always assailed by the petitioner when this issue would be raised either at the time of recording evidence of handwriting expert while proving his report or when its evidentiary value would be tested during the hearing of the suit. That being so, this Court would find any jurisdictional error in the impugned order and accordingly this application is hereby dismissed. Rsh (Mihir Kumar Jha, J.)