MAJOR SINGH Vs. JAGAN NATH AND ANR

JUDGEMENT

(1.) Present petition is filed challenging the order dated 5.2.2010 passed by Additional Civil Judge (Sr. Division), Sunam, whereby the application moved by the defendant/petitioner seeking permission to get his specimen signature examined with the signature on the documentary evidence produced by the plaintiffs/respondents was rejected.

(2.) Brief facts of the present case are that plaintiffs had filed suit for recovery against the defendant/petitioner. When case was listed for evidence of the plaintiffs in rebuttal, an application was moved by the defendant/petitioner with the allegation that the basis of suit filed by the plaintiffs (documentary evidence) does not bear signature of the defendant/petitioner. It was further alleged in the application that his earlier Counsel did not advise him to get the signature compared through handwriting expert. It is also contended that now present Counsel has advised him to get the signature compared on the documentary evidence through handwriting expert.

(3.) Learned trial Court has rejected the application on the ground that every facts were in the knowledge of the defendant/petitioner, hence, after closing of the evidence of the defendant/petitioner permission to lead additional evidence can not be granted.