SATYA NARAYAN SHARMA Vs. RAKESH AGGARWAL

JUDGEMENT

(1.) Revision petition herein is directed against the impugned order dtd. 2/11/2021 (Annexure P-1) passed by learned Court below in the pending trial in Civil Suit No.18217 of 2014, whereby, the application moved by the plaintiff/petitioner for examining fingerprint and handwriting expert in rebuttal has been dismissed. 2. Learned counsel for the petitioner submits that the petitioner entered into an agreement of sale with respondent No.1 on 9/9/2011.

(2.) Respondent no.1 was in possession of the suit property by virtue of an agreement to sell with respondent No.2. Respondent no.1, being General Power of Attorney holder of respondent No.2, was competent to hand over the possession to the petitioner by receiving full and final payment. Learned counsel further submits that even after paying the earnest money by the petitioner, the sale deed was not executed in his favour. Respondent No.2 took a U turn and denied execution of any Agreement to Sale, GPA and Possession letter in favour of respondent No.1. Thereafter, the petitioner moved an application before the trial Court seeking comparison of respondent No.2- defendant's signature but the same was dismissed by the trial Court on the ground that the case is at the stage of rebuttal evidence.

(3.) I have heard learned counsel for the petitioner and perused the case file.