2017- A.P. DIGEST - JUNE3
Order XXVI Rule 10 of the Code of Civil Procedure for sending expert opinion at fag end of the arguments- delay - dismissed = suit for specific performance of an agreement of sale - Ex.A.1, in the year 2010. - filed a written statement wherein they have denied the execution of the agreement of sale by disputing the signatures.- I.A. under Order XXVI Rule 10 of the Code of Civil Procedure, 1908 to send Ex.A.1 and the written statement in original to an handwriting expert for comparison of the admitted signatures with the disputed signatures on Ex.A.1. - This application was dismissed by the lower Court on the sole ground of inordinate delay in filing the application and especially at the stage of arguments. - their lordships held that I am unable to agree with the submission of the learned counsel for the petitioner that cause of action for his client to file the application for sending the suit d...