LAWS(P&H)-2022-11-185

AMARJIT KAUR Vs. JASMAN SINGH

Decided On November 21, 2022
AMARJIT KAUR Appellant
V/S
Jasman Singh Respondents

JUDGEMENT

(1.) By way of filing the present revision petition, the revisionist, namely, Amarjit Kaur is challenging the order dtd. 17/10/2022 passed by Additional Civil Judge(Sr.Divn.), Mukerian, District Hosiharpur in a Civil Suit No.785 of 2014 titled 'Amarjit Kaur Versus Jasman Singh and ors.' vide which an application under Sec. 45 of the Indian Evidence Act filed by the plaintiff to seek expert opinion for comparison of signatures of Sukhjit Singh, Sukhdev Singh, Jasvir Kaur and Kuldip Kaur besides other executants of agreement to sell dtd. 31/12/2009 has been dismissed. The revisionist/plaintiff prays that the impugned order be set aside, the revision petition be accepted and application in question be allowed.

(2.) Briefly stated, facts of the case are that plaintiff Amarjit Kaur had filed a suit against defendant Jasman Singh seeking a declaration that agreement to sell dtd. 31/12/2009 and compromise dtd. 11/11/2010 are illegal, null and void and cannot be enforced against the plaintiff, as such liable to be cancelled with respect to the land measuring 32 kanals 14 marlas detailed in the head-note of the plaint situated at village Bela Sariana, Tehsil Mukerian, District Hoshiarpur; in addition to seeking a decree for grant of permanent injunction restraining the defendant from taking signatures of plaintiff on various blank papers forcibly with police and political pressure.

(3.) On notice, the defendants had put in appearance filing written statements. Issues on merits were framed. The parties were given opportunities to lead evidence, which they availed off. It may be mentioned here that Jasman Singh defendant had also filed a suit against Amarjit Kaur and others. That suit was clubbed with the suit filed by Amarjit Kaur against Jasman Singh vide order dtd. 10/4/2014 and suit filed by Amarjit Kaur was treated as main suit.