MOHINDER SINGH Vs. BALBIR SINGH AND ORS.

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for quashing/setting aside order dated 24.4.2010 passed by learned Civil Judge, Senior Division, Kaithal, Haryana, Annexure P1, vide which application filed by petitioner-defendant for not permitting him to lead evidence in rebuttal by way of producing hand writing/ finger print expert was dismissed.

(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.) Brief facts relevant for the decision of revision petition are that respondent-plaintiffs filed a civil suit against petitioner-defendant for possession by way of specific performance of the agreement to sell dated 1.9.2004. Petitioner-defendant filed written statement as no such agreement as relied upon by respondent -plaintiffs was ever entered into and that alleged agreement to sell is void being not executed by petitioner-defendant. From the pleadings of the parties, following issues were framed by learned trial court on 12.12.2006:-