NETLAL Vs. SALIGRAM

JUDGEMENT

(1.) THE counsel of the private parties submits that the presence of respondent no.12 is not required for adjudication of this petition, the same can be adjudicated effectively only in the presence of the petitioner and respondents no.1 to 11, 13 and 14. Consequently, the notice of this petition, against respondent no. 12, if the same has not served, is hereby dispensed with.

(2.) IN the available circumstances, with the consent of the parties, this petition is heard finally.

(3.) THE petitioner's counsel after taking me through the petition as well as the papers placed on record, submits that the petitioner had neither entered in any transaction of sale with Bhursi Bai and Bhagwati Bai nor sold the property by executing the aforesaid sale deeds with his thumb impression. He further said that the impugned suit has been filed by him for declaring the aforesaid both the sale deeds to be ab-initio void, contending that aforesaid both the sale deeds were made and got registered with the forged thumb impression of some other person in the name of petitioner with respect of his property. In such premises, the petitioner/plaintiff wants to get examined the thumb impressions of both the sale deeds with his actual, genuine and natural thumb impression and prayed to premit the petitioner by allowing his application to get examined the thumb impressions of the sale deeds with his genuine thumb impression by allowing this petition.