OM PRAKASH Vs. KRISHNA AND OTHERS

JUDGEMENT

(1.) Petitioner has filed this petition challenging the order dated 24.01.2014 (Annexure P-3), whereby application moved by the petitioner for permission to lead additional evidence, was dismissed.

(2.) Learned counsel for the petitioner has submitted that the expert now sought to be examined has already compared the signatures of the defendant on the agreement to sell in question and is only to be examined as a witness. Son of the deceased defendant, while appearing in the witness-box, had denied the signatures of his father on the agreement in question and, therefore, it was necessary to examine the handwriting expert.

(3.) Case of the plaintiffs is that they were owners in possession of the suit property in equal shares on the basis of agreement dated 16.08.2001. Case is now listed before the trial court for rebuttal evidence of the plaintiffs, if any and arguments. At this stage application was moved by the plaintiffs for permission to examine handwriting expert by way of additional evidence on the ground that the son of the deceased-defendant Ved Malik, in his statement had denied the signatures of his father on the agreement in question. However, admittedly in the written statement itself, the execution of the agreement had been denied by the defendant. In these circumstances the plaintiffs knew the averment from the written statement itself that the execution of the agreement in question had been denied by the defendants. Hence, the plaintiffs were required to examine the handwriting expert, if necessary, while leading their evidence in the affirmative. The onus to prove the agreement in question was on the plaintiffs and they were required to prove the same while leading their evidence in the affirmative. However, the plaintiffs could not be allowed to examine the handwriting expert by way of additional evidence to prove the execution of the agreement in question at this stage. The trial court had, thus, rightly dismissed the application filed by the plaintiffs to lead additional evidence.