During the proceedings of the suit, the petitioners never raised the plea for verification of thumb impression of respondent and for the first time raised such plea before the learned Appellate Court.

 2020 MLD 1327

During the proceedings of the suit, the petitioners never raised the plea for verification of thumb impression of respondent and for the first time raised such plea before the learned Appellate Court. The learned Appellate Court dismissed the said application by observing that the respondent is illiterate lady who has denied the transfer of her property to the petitioners. The Court did not deemed appropriate to allow comparison of thumb impression of the respondent by observing that sufficient evidence is available on record to decide the matter on its own merits in accordance with law. Such order declining the petitioners' plea for comparison of the thumb impression is purely within discretion of the learned Appellate Court and exercise of jurisdiction by the said Court cannot be interfered by this Court in its revisional jurisdiction, especially when final order is yet to be passed by the learned Appellate Court in the main appeal pending before it which is considered continuation of the said suit and the learned Appellate Court does not require the said evidence for its adjudication. Even otherwise, if at the stage of final decision the court requires such comparison, it retains the jurisdiction to pass such an order if deemed appropriate. Therefore, at this stage it would not be appropriate to interfere in a matter which has not been finally decided and Court is yet to exercise its jurisdiction to finally conclude the matter.