ASHOK KUMAR MALHOTRA Vs. SUNIL TULI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the defendant in Suit No. 553/2017 against the order of the learned Trial Court dated 18th August, 2020, whereby it dismissed the application under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 ( "CPC" , for short), moved by the petitioner/defendant, for reopening of evidence, recalling witnesses and directions to the respondent/ plaintiff to submit documents for comparison of signatures.

(2.) The respondent/plaintiff had filed the suit for possession, permanent injunction and recovery of arrears of rent and mesne profits/damages against the petitioner/defendant. The trial was at the stage of defendant's evidence, the respondent/plaintiff having led his evidence, when the petitioner/defendant moved an application seeking comparison of the signatures on a receipt dated 4th September, 2005 with the admitted contemporaneous signatures of the respondent/plaintiff. That application was allowed vide orders of the learned Trial Court dated 22nd December, 2018. The defendant's evidence was closed on 22nd March, 2019 and the FSL report was awaited for on 27th April, 2019. The FSL report was inconclusive and sought more documents for comparison.

(3.) The application under Section 151 CPC moved for re-opening defendant's evidence was dismissed as was the request for directions to the respondent/plaintiff to submit more documents for effective comparison.