GURCHARAN SINGH Vs. RAJ KRISHAN

JUDGEMENT

(1.) The petitioner who is a defendant in the suit moved an application dated 23rd July 1990 for sending the pronote and the receipt allegedly executed by him in favour of the plaintiff respondent to the Controller of Stamps and Security Press, Nasik, Maharashtra, for verification of the date on which the stamp was issued. The case of the petitioners was that the pronote and the receipt were forged and did not bear his signatures. The application was contested by the respondent and the trial court vide order dated 11.9.1990 dismissed the same holding that the objection with regard to the stamps appended to the pronote and the receipt which were said to be of a date later than one mentioned, was taken with a view to delay the disposal of the suit, as the evidence produced in the case showed that the petitioner had in fact taken loan mentioned in the pronote. This petition is directed against the order.

(2.) It was urged by Mr. J.R. Mittal, Sr. Advocate appearing for the petitioner that the findings recorded by the trial Court would prejudice his case at the time of its final disposal and that it was in the interest of justice that the application be allowed and the stamps on the pronote and the receipt be got examined from Nasik to ascertain their date of issue. He also asserted that the finding of the trial court that as the petitioner had sought to summon as the witnesses to prove his case, it appeared as if intended to delay the proceedings, was unwarranted, as those very witnesses had been issued notice to appear by the same very court. He also asserted that most of the grounds taken by the Court for declining the application come before it on 12.9.1990 for the first time and as such the same could not form the basis of the order dated 11.9.1990.

(3.) On behalf of the respondent it has been urged that from the fact of the present case, it would be unnecessary to allow the application as the alleged signatures of the petitioner are appended on the stamp itself meaning thereby that the stamp already stood affixed on the documents, when the signature were made.