Evidence Act, 1872–Secs. 35 & 73– Rejection of application–Suit for possession and arrears of rent–Earlier, the application for the same effect was rejected and the petitioner’s writ petition was withdrawn with liberty to move the appropriate application–Trial Court was required to deal the instant app-lication independent of the order which has been passed earlier–However, the mere fact that the petitioner in written statement has alleged the document as concocted, cannot be a reason enough for the trial Court in each case of such response to a plaint based on documents to send the
documents for examination by FSL–It is open for the petitioner to produce the hand-writing expert and lead the evidence regarding the allegations made in the written statement.
