SUKHWINDER PAL SINGH Vs. BHUPINDER KAUR

JUDGEMENT

(1.) Respondent has filed suit for specific performance of agreement to sell dated 14.07.2005. While leading her rebuttal evidence, respondent moved an application for permission to examine finger-print and handwriting expert to compare the signatures of the petitioner on the agreement to sell in question with his standard signatures. Vide the impugned order, the said application was allowed. Hence, the present petition.

(2.) Learned counsel for the petitioner-defendant has submitted that the petitioner could not be allowed to lead evidence in his rebuttal qua an issue with regard to which onus to prove the same was on the respondent. Learned counsel has further submitted that the petitioner had specifically denied in his written statement that the agreement in question was signed by him. Therefore, petitioner should have examined the hand-writing expert while leading his evidence in the affirmative and could not examine expert in her rebuttal evidence.

(3.) Learned counsel for the respondent, on the other hand, has submitted that handwriting expert had been examined by the petitioner while leading his evidence and therefore, to counter the said evidence, it was necessary in the interest of justice to allow the petitioner to examine her handwriting expert in her rebuttal evidence. This Court in Jagdev Singh and others vs. Darshan Singh and others, 2007 1 RCR(Civ) 794has held as under:-