BHUPINDER KUMAR Vs. ISHWAR DEVI

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 24.72009 passed by learned Civil Judge, Junior Division, Abohar, vide which application filed by respondent-plaintiff for examination of handwriting expert in rebuttal was allowed.

(2.) I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) Facts relevant for the decision of present revision petition are that respondent-plaintiff filed a suit for declaration to the effect hat she is owner in possession of one double storeyed house bearing No.1782, situated in Street No.13, 2nd Chowk at Abohar. Respondent-plaintiff also challenged the sale deed dated 16.7.1996 executed by her in favour of petitioner on the ground that the said sale deed is a result of fraud and misrepresentation as the same is without consideration.. After notice, petitioner-defendant appeared before the trial Court and filed detailed written statement by taking the plea that respondent had sold the house in question to petitioner for a consideration of Rs.2,25,000/- and after receiving the entire sale consideration, sale deed was executed in his favour on 16.7.1996, which was also got registered.