LAWS(P&H)-2012-9-76

OM PARKASH Vs. AMAR SINGH

Decided On September 14, 2012
OM PARKASH Appellant
V/S
AMAR SINGH Respondents

JUDGEMENT

(1.) IN this revision petition filed under Article 227 of the Constitution of India, plaintiff Om Parkash has assailed order dated 27.9.2010, Annexure P/2 passed by learned Additional Civil Judge (Senior Division), Gurgaon thereby dismissing plaintiffs application Annexure P/1 for directing defendant - respondent no. 1 to give specimen signatures and handwriting for the purpose of comparison.

(2.) PLAINTIFF has filed suit for specific performance of the agreement dated 27.9.2001 allegedly executed by defendant No.l. In application Annexure P/l, it was alleged that in cross -examination of plaintiffs witnesses, it was suggested that cutting and addition in subsequent writing dated 18.12.2001 have not been signed by defendant No.l and the date under his signatures on the agreement dated 27.9.2001 has been written later on Consequently, the plaintiff wanted specimen signatures as well as specimen handwriting of the date from defendant No.l for comparison with those on the agreement and the subsequent writing.

(3.) LEARNED trial court dismissed the application vide impugned order Annexure P/2 and also consequently closed the evidence of the plaintiff because no other evidence except examining handwriting expert was to be produced by the plaintiff. Feeling aggrieved, the plaintiff has filed this revision petition.