GEETA & ORS. Vs. CHANDGI RAM & ORS.

JUDGEMENT

(1.) This is plaintiffs' revision petition challenging the impugned order dated 21.09.2010, whereby their application for recalling the witness, was dismissed.

(2.) As per the averments made in this petition, petitioners filed civil suit for possession by way of specific performance regarding the suit land alleging therein that Sh.Ajit Singh(since deceased) had entered into an agreement to sell on 29.07.2003 regarding the suit land with respondents No.1 to 3 who were liable to execute the sale deed in terms of the said agreement to sell on or before 29.08.2003. In the written statement, respondents denied the execution of the agreement and it was submitted that Sh.Ajit Singh had forged the agreement dated 29.07.2003 on some blank papers which were signed by respondents No.1 to 3 for the purpose of filing written statement in Civil Suit No.937 of 1995.

(3.) It is the further case of the petitioners that both the parties led their evidence and the respondents/defendants produced D.W.4 namely Sh.V.B.Kashyap, Handwriting and Fingerprint expert, who was cross-examined on 04.11.2009 but the said cross-examination was not proper and to the satisfaction of the petitioners as the material questions to be asked from D.W.4 were missing and their earlier counsel had cross-examined the witness in a totally suspicious and casual manner and without applying his legal expertise in order to protect the interest of the petitioners. Thus, the petitioners filed an application for recalling the aforesaid witness on the ground that Sh.Ajit Singh,plaintiff (since deceased) who was pursuing the case, could not attend the court proceedings due to heart ailment in the year 2009 and, therefore, in the interest of justice, the aforesaid witness be recalled for his cross-examination. The aforesaid application filed by the petitioners was dismissed by the trial Court vide impugned order.