When the plaintiff has accepted the signature of the defendant as the admitted signature, there can be no objection to the Court to send the same for experts opinion. The present one is a converse case where the defendant himself wants his signatures available in the suit record to be treated as admitted signatures. The plaintiff cannot be put to the risk of sending such signatures for experts opinion unless he has agreed for the proposal of the defendant. As respondent No.1 objected to the petitioners request and in the absence of availability of admitted contemporaneous signatures, the lower Court has rightly rejected the petitioners request. Therefore, I do not find any illegality or jurisdictional error in the order of the lower Court for interference by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

When the plaintiff has accepted the signature of the defendant as the admitted signature, there can be no objection to the Court to send the same for experts opinion. The present one is a converse case where the defendant himself wants his signatures available in the suit record to be treated as admitted signatures. The plaintiff cannot be put to the risk of sending such signatures for experts opinion unless he has agreed for the proposal of the defendant. As respondent No.1 objected to the petitioners request and in the absence of availability of admitted contemporaneous signatures, the lower Court has rightly rejected the petitioners request. Therefore, I do not find any illegality or jurisdictional error in the order of the lower Court for interference by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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