Evidence Act, 1872–Secs. 45–Code of Civil Procedure, 1908–Secs. 107, 151 & Order 16, Rule 6–First appellate Court allowed the plaintiff-nonpetitioner to get compare the thumb impression of deceased S–Appreciation of–Suit for specific performance–It has been dismissed by the trial Court–No prejudice will be caused to the petitioners by allowing the application–Observation of trial Court while dismissing the suit that the plaintiff has not able to move any application to summon the report of the expert with respect to the alleged thumb impression which has been disputed–It was sufficient ground for allowing the application–Further, the cost of Rs. 3,000/- was directed to be paid to the petitioners–No case is made out for interference.