SUKHDEV SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) EVEN though arguments have been heard in all the three revision petitions separately on the asking of the counsel for the respondent which was not opposed by the petitioners, claiming that the matter in dispute in all the three revision petitions was separate but after hearing the counsel for the parties, it has been found that the parties in all the three matters are the same and even the matters are closely connected with each other and thus, these petitions are being disposed of by this common order.

(2.) FOR convenience and clarity, facts have been taken from CR No.1967 of 2012. This civil revision petition filed by the defendants, petitioners herein, is directed against order dated 28.2.2012 (Annexure P -6) passed by the lower court whereby the application (Annexure P -5) for allowing applicant -defendant Sukhdev Singh for giving his writing and signatures in the court in the presence of handwriting and fingerprints expert for the purpose of comparison of disputed handwriting and signatures on receipt Ex.P1, has been dismissed.

(3.) A suit was preferred by plaintiff Jarnail Singh, respondent herein against M/s Jang Singh and Company through its partner Sukhdev Singh, the defendants, petitioners herein, for recovery of Rs.2,50,588/ - (Rs.1,94,254/ - as principal amount and Rs.56,334/ - as interest @ 12% per annum w.e.f. 1.12.2004 to 1.5.2007) was filed. The suit was based on a receipt regarding sale of crop by the plaintiff, respondent herein, at the shop of the defendants which document was denied in its execution by the defendants making allegations that the said document of 1.12.2004 was false and fabricated and had been prepared by the plaintiff in collusion with the witnesses. In short, defendant No.1 in the suit (petitioner No.1 herein) had categorically denied the signatures on the said writing.