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2019 (1) TMI 726 - HC - Indian LawsPrinciples of natural justice - permission of this Court to file a report by a handwriting expert in rebuttal of the report - Section 151 of CPC - it is submitted by the counsel for the petitioner that when one of the parties have produced the report of the handwriting expert, then the opportunity should be provided to the other party to produce the report of the handwriting expert in rebuttal - Held that:- It is undisputed fact that the application filed by the respondent no.1 for getting thumb impression on the agreement examined from the handwriting expert was allowed by the trial court and accordingly, the report of the handwriting expert has been placed on record. Under these circumstances, this Court is of the considered opinion that the trial court cannot take away the right of the petitioner\defendant to produce the report of the handwriting expert in rebuttal of the report of the handwriting expert filed by the respondent no.1/plaintiff. This Court is of the considered opinion that the order dated 6/12/2017, so far as it relates to rejection of application under Section 151 of CPC, is hereby set aside - petition allowed.
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