R.P. CHHABRA Vs. R.K. ARORA

JUDGEMENT

(1.) The respondent-plaintiff had filed a suit for recovery of Rs.35,000/- alongwith interest thereon @ 12% per annum. In letters written to the plaintiff, he had acknowledged the factum of he being indebted to the petitioner-defendant for repayment of the loan.

(2.) During the course of evidence, one document (Annexure P-4) was put to the respondent-plaintiff but he denied the same. Sequelly, an application was moved by the applicant-defendant for obtaining specimen handwriting and signatures of the plaintiff so that a comparison could be made by the handwriting expert from the admitted or specimen signatures and writing of the respondent with the disputed signatures and writing on the document (Annexure P-4).

(3.) The court below making a bold assertion that there was no provision under the Civil Procedure Code whereby the civil court could pass any direction to a party to give specimen signature and handwriting declined the request of the petitioner-defendant on 12.5.2012. This order (Annexure P-8) is under challenge in this revision petition.