AMAR NATH Vs. DHIR SINGH

JUDGEMENT

(1.) Instant civil revision has been filed under Art. 227 of the Constitution for setting aside the order dated 15.09.2005 passed by learned Civil Judge (Jr. Divn.), Barnala whereby witness-Om Parkash present in Court was directed to give his handwriting in words and figures for comparison.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner-plaintiff filed suit for recovery of Rs. 4,10,000.00 against the respondent-defendant. The suit is based on 'bahi' entries (account books). On the other hand, it was the stand of the respondent-defendant that the plaintiff used to write in his diary regarding money either by himself or by his son. As a result of this, Om Parkash-son of plaintiff was summoned as a witness. He appeared in the Court, however, at that stage, the defendant requested the Court that he did not want to examine Om Parkash as a witness. The defendant also requested that handwriting of Om Parkash may be taken in court for comparison. The trial Court after hearing counsel for the parties discharged witness-Om Parkash and he was directed to give his handwriting in words and figures in the Court, vide impugned order dated 15.09.2005. Hence, this revision petition.

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