GOPAL SINGH Vs. INDERJIT

JUDGEMENT

(1.) Petition herein is for setting aside the impugned order dtd. 18/4/2022 (Annexure P-1) passed by learned Additional Civil Judge (Senior Division), Amloh, whereby application filed by respondent/plaintiff for directing petitioner/defendant to give his handwriting, signatures and thumb impressions in Court, was allowed.

(2.) Succinct facts first, as pleaded in the petition herein.

(3.) Learned counsel appearing for petitioner/defendant would inter alia argue that plaintiff has to prove his own case. There is no provision to direct defendant to give any such specimen of handwriting. He would further argue that it is not a case where there are two different expert reports by parties in their respective evidence. Therefore, merely on the asking of plaintiff, it does not make out a ground to give directions to defendant to give his signatures or handwriting for the purpose of enabling the Court to compare them. He further contends that Court cannot compel a person to become a witness against himself.