KULWANT SINGH Vs. CHAND SINGH ETC.

JUDGEMENT

(1.) A suit for declaration to the effect that the plaintiff-petitioner herein, is owner in possession and in control of the tubewell connection bearing account No.SG3/0118 (New A/c No.AP07/0118) and that defendant No.1 has been left with no right, title or interest in the said tubewell after a writing was executed among the parties, is pending adjudication before the lower court. Foundation of the entire case of the petitioner-plaintiff is the writing vide which the ownership and possession of the tubewell is claimed by the petitioner-plaintiff. Contesting defendant had denied the said writing and repudiating the claim of the plaintiff, had claimed ownership and possession of the tubewell.

(2.) During the course of leading of evidence, when the petitionerplaintiff had brought the hand-writing and finger print expert to prove the signatures of the defendant on the questioned document and had also examined the said expert in evidence, an objection was taken by the counsel for the contesting-defendant, respondent herein, that the hand-writing and finger print expert could not be examined in rebuttal evidence by the petitioner-plaintiff as the said evidence was of affirmative nature and was to be produced by the petitioner-plaintiff in affirmative only when the other evidence was being produced by them.

(3.) No notice is being issued for avoiding delay as no prejudice is likely to be caused to the defendants by the order which this Court proposes to pass.