BHURE LAL Vs. SURAJ BHAN

JUDGEMENT

(1.) This revision petition is directed against order dated 22.2.2010 passed by the Additional Civil Judge (Sr. Division), Mohindergarh by which an application filed by the plaintiff for examination of handwriting expert in rebuttal to prove the falsity or forgery in the agreement to sell has been allowed.

(2.) In brief, Suraj Bhan field the suit for possession by way of specific performance of an agreement to sell dated 7.9.2000 in respect of land in dispute which was allegedly agreed to be sold by defendants/petitioners for a sum of Rs. 80,000/- after receiving earnest money to the tune of Rs. 40000/-. The learned trial Court on the pleadings of the parties, framed following issues :

(3.) The plaintiff closed his evidence on 17.8.2005. On 11.2.2010, plaintiff filed an application in which it was alleged that "that in the above noted case defendant have stated excess thumb impressions on the agreement to sell Ex. PW-1/A and have stated the agreement forged. While plaintiff have stated the agreement to sell correct. For producing the correct fact before the Honble Court the finger print expert is necessary to examine as witness and permission of producing the handwriting and finger print expert in the evidence is necessary".