m, Singlfe 3ench IN THE HIGH COURT OF JUDICATURE AT BILASPUR_(_c.G.) w.P. No.333 12005 Ramgovind Sahm. S/o. Shri Dadhiyaman Sahu Aged about 45 years, R/o. Gadhabhata,Tah Basna District Mahasamund, (C.G.) QETLTI0N§R ?La.fm D% V VERSUS Kamamayan Sahu Slo. Shri Dadhiyaman Sahu Aged about 65 years, R/o. Gadhabhata,Tah Basna District Mahasamund, (C.G.) State of Madyha Pradesh (Now Chhattisgarh) Through : The coiiactor District Mahasamund (C.G.) WIRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OE INDIA § ‘ 3% - ’ Shn' Raghavendra Pradhan, ounsel for the petitioner. Shri Vind Tekam, PL for the State/rpondent-No2. ORAL ORDER (30.1 1 .2010) The trial court has rejected petitioner’s/plainffs pplication ti a 1v under section 73 of the Evidence Act for examination of the handwriting expert to mpare and submit a report regarding the defendant’s signature on Ex. —2 by comparing it from the documents P EX. P—lO to P-14. (2) The it was tiled in te year 1998.'The subject applcation su h i was submitted in November 2004, when the evidence of both the parties were closed’ and the suit was fixed for final arguments. (3) The trial court has dismissed the application by observing that after closer of the evidence the pplication canno be allowed to a t collect evidence and tillup the lacuna. (4) The reasoning assigned by the trial court for rejecting the ““7 'prayer appears to be justified. If the pettioner wanted to examine the HIGH COURT OF CHIIATTISGARH AT BILASPUR S.B: Honble Shri Prashant Kumar Mishra VVrit Petition No. 999/2005 Appearance: c o es WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA co ‘ek i l PETITIONER Ramgovind Sahu Versus RESPONDENTS : Kamalnayan Sahu and another handwriting expert he should hava moved the application at an appropriate stage in the suit and should not have waited till the matter reached to the stage of final argument Allowing application at this stage would reopen the trial. (5) No case for interference in exercise of powers under Article 227 of Constitution is made out. (6) Petition fails and is hereby dismissed. I M Sd/~ Prashant Kumar Mishra r. - Judge