SARJOO ALIAS SURAJ Vs. NATHUNI SINGH

JUDGEMENT

(1.) THIS is a review petition filed by defendant-applicant against the judgment of this Court dated 29. 1. 2007 passed in Second Appeal No. 67 of 2007 by which, second appeal filed by the defendant was dismissed.

(2.) HEARD Sri Ravi Kiran Jain, learned Senior Advocate assisted by Sri a. K. Singh in support of this review petition and Sri Pramod Kumar Jain, learned Senior Advocate assisted by Sri Amitabh Agarwal, learned Advocate who appeared for the plaintiff-respondent.

(3.) SUIT was filed by plaintiff-respondent for cancellation of sale deed on the ground that same was not executed by him. Since the original sale-deed could not come on record, relevant register No. 8 from the Sub-Registrar Office was summoned by the Trial Court and on taking photograph of the disputed thumb impression, Expert opinion was taken. Evidence having been adduced by both sides, Trial Court dismissed the suit. Plaintiff filed first appeal. During pendency of appeal, digital photograph of the disputed thumb impression was taken as additional evidence and Anil Kumar Gupta who prepared photograph appeared. Appellate Court on consideration of entire oral and documentary evidence and the additional evidence so taken, allowed the appeal and decreed the suit. Second Appeal came to be filed before this Court by defendant-applicant. Arguments from both sides were advanced as appears from the judgment of this Court. Second appeal was ultimately dismissed at the admission stage by order dated 29. 1. 2007 and thus, this review petition.