KRISHAN BALDEV Vs. DEV SINGH

JUDGEMENT

(1.) Plaintiff Krishan Baldev has filed this revision petition under Article 227 of the Constitution of India assailing order dated 05.02.2011 (Annexure P-7), passed by learned Civil Judge (Senior Division), Patiala thereby allowing application (Annexure P-5) moved by defendantrespondent for recalling Kulwinder Singh PW2 for further crossexamination.

(2.) Plaintiff-petitioner has filed suit against defendant- respondent Dev Singh for specific performance of agreement to sell dated 11.05.1998 and extended on 10.05.2001. The plaintiff in his evidence examined Kulwinder Singh (PW2), a witness of the agreement. He deposed in favour of the plaintiff that defendant had executed the aforesaid agreement and it was witnessed by him i.e. Kulwinder Singh.

(3.) Defendant in his application (Annexure P-5) alleged that on his application moved to the police, FIR No.291 dated 19.08.2010 had been registered in Police Station Kotwali, Patiala that the impugned agreement was result of fraud and forgery. It was also alleged that during investigation of the said FIR, Kulwinder Singh suffered statement under Section 164 of the Code of Criminal Procedure (in short, Cr.P.C.) before Judicial Magistrate Ist Class, Patiala, confessing that his signatures were taken on blank paper by the plaintiff and signatures of defendant were already taken on blank paper and the alleged agreement was prepared thereafter. The defendant, therefore, prayed that Kulwinder Singh (PW2) be recalled for further cross-examination in view of aforesaid statement recorded under Section 164 Cr.P.C.