SHYAMLATA BINDAL Vs. PURUSHOTTAM DAS AGARWAL

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution, the petitioner has challenged the order of the court below, whereby the court below has rejected the application preferred by the defendant/petitioner under section 45 of the Evidence Act. The facts necessary for adjudication of this matter are as under:-

(2.) THE court below has rejected the said application on the ground that the petitioner has not denied that his signatures are not there in the guarantee receipt. It is further held that the matter is presently posted for evidence of the parties and at this stage there is no need to obtain opinion of a handwriting expert.

(3.) PER Contra, Shri R.K.Soni, learned counsel for the other side supported the order passed by the court blow and submitted that there is no specific denial by the petitioner about the averment of the plaint that the guarantee receipt contains his signature.