SURINDER KUMAR Vs. SUDESH KUMAR

JUDGEMENT

(1.) Present petition is filed by the Defendant challenging the order dated 1.2.2010 passed by Additional Civil Judge (Senior Division), Nakodar, whereby application filed by the Defendant for comparison of his signatures on the alleged agreement with his specimen signatures, was rejected.

(2.) The brief facts of the present case are that Respondent-Plaintiff filed suit for specific performance of the contract pursuant to the agreement to sell dated 1.7.2003. In the written statement Defendant has specifically stated that alleged agreement to sell is not executed by him and is a fabricated document. Defendant, in the affidavit in examination-in-chief, has stated on oath very clearly in paragraph No. 2, that alleged agreement to sell does not bear his signatures. Learned trial Court having observed that Defendant has not assailed his signatures on agreement either in written statement or during cross-examination of witnesses of Plaintiff, had rejected the application.

(3.) I have heard learned Counsel for the parties and have also perused the records.