JAGTAR SINGH Vs. GURJIT SINGH AND OTHERS

JUDGEMENT

(1.) This petition is filed against the order dated 09.10.2014 by which application filed by the petitioner under Section 151 of the Code Civil Procedure, 1908 (hereinafter referred to as the "CPC") for sending the original sale deeds Mark Z-1 and Z-2, allegedly executed on 04.03.2003 and 03.03.2003 respectively and both registered on 07.03.2003, to the Government Nasik Printing Press, Maharashtra in order to verify the genuineness of the stamp papers, has been dismissed.

(2.) The petitioner is plaintiff in the suit in which he also claimed relief of declaration to the effect that the registered sale deeds dated 13.03.2001, 18.01.2001, 17.01.2011, 04.03.2003, 07.03.2003 and 15.09.2003, alleged to have been executed by Sucha Singh in favour of defendants no.1 and 2, are null and void and a result of fraud. During the pendency of the suit, the plaintiff sought production of the original sale deeds but his request was turned down. However, during the cross-examination, original sale deeds were produced by the defendants. It is alleged that the stamp papers of the sale deeds were not thumb marked by Sucha Singh and the stamp papers, mentioned in the register at Sr. Nos.1515 and 1518, were illegally sold by stamp vendor Sanjiv Kumar Batra on 28.02.2003.

(3.) When the case was at the stage of rebuttal evidence of the petitioner, the application was filed by him for sending original sale deeds marked as Z-1 and Z-2 dated 04.03.2003 and 03.03.2003 respectively, certified copies of which are exhibited as Ex.P4 and Ex.P5, to the Government Nasik Printing Press, Maharashtra in order to find out genuineness of the stamp papers. However, the said application, after contest, has been declined by the learned Court below.