JAGJIT SINGH Vs. SURINDER KUMAR

JUDGEMENT

(1.) By filing the instant revision-petition under Article 227 of the Constitution of India, the petitioner-defendant (here-in-after to be referred as 'the defendant') has laid challenge to the order (Annexure P-5) passed by learned Civil Judge (Junior Division), Patiala (for short 'the trial Court') on 13/10/2023 in Civil Suit No.197 of 2017 titled as 'Surinder Kumar Vs. Jagjit Singh', whereby the application moved by him with the prayer to send the original Pronote and the Receipt dtd. 2/6/2015 to the Indian Security Press, Government of India, Nasik, for ascertaining the age, i.e the date and year of the printing/issuance, of the revenue-stamps affixed/pasted thereon, has been dismissed.

(2.) Bereft of the unnecessary details, the facts, as emanating from the perusal of the file and culminating in the filing of the present revisionpetition, are that the respondent-plaintiff (since deceased and represented through his LRs and here-in-after to be referred as 'the plaintiff') filed a Civil Suit for seeking a decree for the recovery of Rs.16,95,000.00 from the defendant, along-with the interest, while averring that the defendant had borrowed a sum of Rs.12.00 lac from him on 2/6/2015 and had executed the Pronote and Receipt in lieu of the same. The defendant filed his writtenstatement, controverting the claim of the plaintiff therein by asserting that in the year 2006, Mohan Kumar Ghanayia, who was a Commission Agentcum-Money-Lender, had procured his (defendant's) signatures on revenuestamps, as already pasted on the blank Pronote and Receipt and the plaintiff had filed a false Suit against him, in connivance with the above-named Money-Lender, by misusing the afore-said documents. Vide the impugned order, the application, as moved by the defendant with the above-discussed prayer, has been dismissed by the trial Court, as already indicated in the opening para of this judgment.

(3.) I have heard learned counsel appearing for the petitionerdefendant in the instant revision-petition, at the preliminary stage and have also perused the file carefully.