ASHOK KUMAR Vs. DALIP KUMAR

JUDGEMENT

(1.) By way of instant revision petition filed under Article 227 of the Constitution of India, defendant Ashok Kumar has assailed order dated 14.05.2010 Annexure P-3 passed by learned Civil Judge (Junior Division), Moga thereby allowing application Annexure P-1 moved by respondent-plaintiff Dalip Kumar for examining handwriting expert in rebuttal evidence or in the alternative by way of additional evidence. Respondent-plaintiff has filed suit against defendant-petitioner for recovery of money on the basis of pronote and receipt. The defendant alleged the pronote and receipt to be forged and fabricated document. The plaintiff led his affirmative evidence. The defendant in his evidence examined handwriting expert as witness, besides leading other evidence. The plaintiff by moving application Annexure P-1 wanted to examine handwriting expert in rebuttal of handwriting expert examined by defendant or in the alternative by additional evidence.

(2.) The application was resisted by defendant by filing reply Annexure P-2 alleging that the plaintiff could examine the handwriting expert in affirmative evidence and not by way of rebuttal.

(3.) Learned trial court vide impugned order Annexure P-3 allowed plaintiff's application Annexure P-1 and permitted the plaintiff to examine the handwriting expert as witness in rebuttal evidence. The said order is under challenge in this revision petition.