PRABHA Vs. PRAVESH KUMAR

JUDGEMENT

(1.) THIS petition under Article 227 of Constitution of India assails interlocutory order dated 29.09.2010 passed in civil suit No. 3A/2010 by the 1st Civil Judge, Class -II, Pichhore, Shivpuri, whereby, the application preferred by the defendant under section 45 of the Indian Evidence Act seeking examination of the signature by hand writing expert appended on documents Ex. D -1 & D -2 refuted by the plaintiff's witness one Jahar Singh in cross examination has been rejected.

(2.) LEARNED counsel for the petitioner / defendant contends that the said application under section 45 of Indian Evidence Act ought to have been allowed since its rejection is denial of opportunity to the defendant to confront plaintiff's witness Jahar Singh in regard to statement of denial of his signature on Ex. D -1 and D -2.

(3.) PER contra, learned counsel for the respondent contends that since Jahar Singh PW -1 has no right or title over the suit land his denial or acceptance of signature appended on Ex. D -1 and D -2 is inconsequential.