BAKHSHISH SINGH ALIAS BAKHSHI Vs. TARA SINGH

JUDGEMENT

(1.) THIS is a revision petition filed by the plaintiff against the order of Sub-Judge 1st Class, Nawanshahr, dated 23rd October, 1989, whereby he dismissed the application filed by the plaintiff to lead additional evidence.

(2.) THE ground taken by the plaintiff for leading additional evidence was that the defendant had denied his signatures on the pronote and the receipt as well as on the endorsement on the same along with thumb impression. The plaintiff's case was that he was not aware of the fact that the defendant would deny his signatures on the document and now that the defendant had denied his signatures, the plaintiff wants to get the comparison of the signatures of the defendant from the hand writing expert for proving the signatures of the defendant already taken in court, i. e. , where his statement was signed in court with the disputed signatures. This application was rejected by the trial court on the ground that the defendant had taken this stand in the written statement as well and it was not for the first time in his evidence in the court that ha had denied the fact regarding his signatures on the disputed document. Thus, this stand was taken by the defendant fight from the beginning, i. e. , from the filing of the written statement, and that the plaintiff was not taken by surprise about the denial of the signatures by the defendant on the pronote and the receipt.

(3.) IT was contended by the counsel appearing for the petitioner that he may be permitted to lead additional evidence on payment of costs and that the same should be allowed in the larger interest to do justice between the parties.