GOBIND LAL Vs. RAM PARKASH AND OTHERS

JUDGEMENT

(1.) Contesting defendant no. 3 Gobind Lal has invoked jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 27.8.2010 passed by learned Civil Judge (Senior Division), Rohtak thereby dismissing application Annexure P/3 moved by defendant no. 3 for summoning Handwriting and Fingerprint Expert Kamal Kant along with his report.

(2.) Suit was fixed in the trial court for 7.6.2010 on which date some witnesses of defendant no. 3 were examined. Defendant no. 3 had also engaged Kamal Kant, Handwriting and Fingerprint Expert who had taken photographs of signatures/thumb impressions on the impugned Will for comparison and also inspected the file. He was to appear as witness on the same day i.e. 7.6.2010 but on way to courts, he met with an accident and informed the counsel for defendant no. 3 telephonically. Accordingly, defendant no. 3 through counsel moved application Annexure P/1 in the trial court for adjournment for examination of the aforesaid witness Kamal Kant. It appears the said application was not allowed by the trial court and evidence of defendant no. 3 was closed by court order. It was thereafter that defendant no. 3 moved application Annexure P/3 for summoning Kamal Kant along with his report.

(3.) Respondent no. 1 -- plaintiff resisted the application by filing reply Annexure P/5.