RAJENDER PARSHAD Vs. PURAN SINGH

JUDGEMENT

(1.) Dismissal of application of the petitioner-plaintiff for adducing additional evidence under Section 151 CPC (Annexure P-2) by the lower court vide impugned order of 24.12.2012 (Annexure P-4), forms genesis of this civil revision petition under Article 227 of the Constitution of India.

(2.) The petitioner-plaintiff had brought a suit for specific performance of agreement to sell dated 16.9.2005. A case of total denial was set up by the defendant. Much after conclusion of evidence by the petitioner-plaintiff before the lower court, when evidence of the respondentdefendant was being led, an application (Annexure P-2) was moved by the petitioner-plaintiff for examining a handwriting and fingerprint expert to prove agreement to sell which forms the foundation of the case of the petitioner-plaintiff. The lower court vide impugned order had observed that since onus to prove the agreement to sell right from the very beginning was on the petitioner-plaintiff, he was required to produce such evidence of handwriting and fingerprint expert in the affirmative during the course of his evidence and thus, was not required to remain dependent upon version of the defendant which was allegedly to emerge in his cross-examination to be effected by the petitioner-plaintiff.

(3.) It is claimed by the petitioner-plaintiff that evidence sought to be produced additionally goes to the root of the matter and is required for complete and competent adjudication of the litigation between the parties.