JOGINDER SINGH Vs. BARUMAL

JUDGEMENT

(1.) This revision petition is directed against order dated September 1,1989, passed by the Additional Senior Sub Judge, Barnala, whereby application for producing additional evidence filed on behalf of Baru Mal respondent (plaintiff) was allowed and the plaintiff was allowed to produce Handwriting Expert to rebut the testimony of another Handwriting Expert which as produced by the defendant. This was done on payment of Rs.300/ -as costs.

(2.) As per facts given in the order of the trial Court, Baru Mal filed a suit for recovery of Rs.26,500/ - on the basis of a pronote and receipt. He led evidence in affirmative and the defendant also led his evidence. The defendant produced one Document Expert. The plaintiff filed an application to produce his Document Expert in rebuttal which application as declined on August 3, 1989. It was thereafter that the plaintiff filed the present application for producing additional evidence under Order 18 Rule 17 -A of the Code of Civil Procedure. In spite of service no body has put in appearance. Even no behalf of the petitioner nobody has put in appearance today.

(3.) The issue framed in the case, as reproduced in the grounds of revision reads as under: -