RAM KUNWAR Vs. BHAGWAN CHARAN

JUDGEMENT

(1.) Shri Vivekanand Awasthi, learned counsel for petitioner. Shri Anoop Kumar Saxena, learned counsel for respondents.

(2.) Petitioners/Defendants No.1, 4 and 5 take exception to orders dated 18.02.2014, 26.02.2014 and 07.05.2014 passed in Civil Suit No.17-A/2011.

(3.) By order dated 18.02.2014 and 26.2.2014 trial Court allowed plaintiff's application under Order 7 Rule 14 of the Code of Civil Procedure 1908; whereas, by order dated 7.5.2014 trial Court dismissed petitioner's application under Section 45 of the Indian Evidence Act and declined to refer the document which was allowed to be taken on record by order dated 18.2.2014 and 26.2.2014 for examination by an expert. These three orders emanates from the proceedings dated 13.2.2014 whereon the defendant No.1 Mst. Ramkuawar, since deceased, during her cross examination was confronted with a document which was in possession of the counsel for the plaintiff and was called upon to identify the signature thereon to be her's. Defendant admitted her signature. However on an objection raised by the counsel for defendants, the permission to exhibit said document was declined. The proceedings give interesting reading :