JASBIR SINGH Vs. JAI CHAND AND ANOTHER

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 04.12.2012 passed by learned Additional Civil Judge (Senior Division), Rohtak, whereby application filed by the petitioner -plaintiff for leading additional evidence has been dismissed. Brief facts relevant for disposal of this revision petition are that petitioner -plaintiff filed a suit for recovery with consequential relief of permanent injunction. The petitioner closed his evidence in affirmative. Thereafter, defendants led their evidence. Having realized the fact that defendant No. 2 has denied the signatures on the agreement dated 02.07.2003 vide which the defendants acknowledged their liability to pay back loan amount, an application for leading additional evidence was moved for comparing the admitted signatures of defendant on the bank account in the Oriental Bank of Commerce with the disputed signatures on the agreement. Vide impugned order dated 04.12.2012, learned trial Court has dismissed the application. Hence, this revision petition.

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

(3.) FOR the reasons stated above, the instant revision petition is allowed and the impugned order dated 04.12.2012 is set aside. Liberty is granted to the respondents to rebut the additional evidence if they still feel aggrieved against the order.