CHAMKAUR SINGH Vs. MITHU SINGH

JUDGEMENT

(1.) Calling of experts as witnesses by parties to the litigation in India at least relates back from the date when the Evidence Act was enforced in India in the year 1872. Through this civil revision petition under Article 227 of the Constitution of India, the petitioner assails the order dated 07.05.2013 (Annexure P-3) passed by learned Additional Civil Judge (Sr. Divn.), Phul whereby application filed by the petitioner-defendant for sending the pronote and receipt in dispute (in short "the questioned documents") to the State Forensic Science Laboratory (in short "SFSL") has been dismissed.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent-plaintiff filed suit for recovery of Rs. 4,03,200/- on the basis of questioned documents. Upon notice, the petitioner-defendant put in appearance through counsel and filed his written statement. Various objections were taken. One of the objections was that questioned documents were forged and fabricated and material alterations and additions had been made therein. On pleadings of parties, issues were framed and parties led their respective evidence. The petitioner-defendant examined V.B.Bhatnagar, handwriting and fingerprint expert in his evidence and the respondentplaintiff examined Anil Gupta, handwriting and fingerprint expert in rebuttal evidence. Since the reports of both these experts were contradictory, the petitioner-defendant moved application for sending the questioned documents to the SFSL for comparison of alleged signatures of the petitioner-defendant and also alleged alteration and addition in the questioned documents, which has been dismissed vide impugned order dated 07.05.2013. Hence, this revision petition.

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