VINAYAK TRADERS Vs. KAPISTHAL RICE INTERNATIONAL

JUDGEMENT

(1.) Heard.

(2.) This civil revision under Article 227 of the Constitution of India has been preferred by the petitioner-defendant, M/s Vinayak Traders against the order dated 18.8.2010 passed by Civil Judge (Senior Division) Kaithal, vide which he permitted respondents-plaintiffs, M/s Kapisthal Rice International and Jagmohan, to examine the expert witness by way of additional evidence.

(3.) The facts relevant for the present revision are that the plaintiff filed suit for recovery of Rs. 1,84,324/- against the defendant, as balance price of the goods(rice) sold by them to the defendant, which he used to purchase on credit. The plaintiffs had been maintaining the books of account and all the transactions between the parties were entered therein. They produced their evidence in the affirmative and thereafter the defendant was called upon to produce his evidence. After the defendant closed his evidence, the plaintiffs came up with the plea to examine the expert in rebuttal to prove that the writing dated 21.5.2003 alleged to have been written by the defendant bears his signatures, by getting the same compared with the admitted writings Ex. D-1 and D-2. That plea of the plaintiffs was allowed by the trial court vide order dated 19.8.2009. The defendant filed a revision petition against that order which was allowed by this Court vide order dated 6.5.2010. Thereafter, the plaintiffs moved an application under Section 151 CPC with the same prayer on the ground that they wanted to examine that expert witness, Sh. R.V. Vahshisth, by way of additional evidence which was allowed vide the impugned order.