BALJIT SINGH Vs. MANJIT SINGH

JUDGEMENT

(1.) Plaintiff no. 1 Baljit Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 11.02.2013 passed by the trial court, thereby dismissing application (Annexure P-1) filed by plaintiff no. 1 for permission to examine handwriting expert in rebuttal evidence. Plaintiffs have filed suit for declaration and permanent injunction alleging that they are absolute owners of the respective shares in the suit property. Defendant no. 1, in his evidence, examined handwriting expert to prove alleged signatures of plaintiff no. 1-petitioner on alleged affidavit Mark-DA. Plaintiff no. 1 has alleged that the said affidavit is false, forged and fabricated document and does not bear his signatures. Petitioner, by moving application (Annexure P-1), sought permission to examine handwriting expert to rebut the evidence of handwriting expert examined by defendant no. 1.

(2.) Contesting defendant no. 1 opposed the application by filing reply and denied the averments made in the application. Learned trial court, vide impugned order dated 11.02.2013, has dismissed the application (Annexure P-1) filed by the petitioner, who has, therefore, filed this revision petition to assail the said order.

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