LAWS(P&H)-2024-1-60

REKHA RANI Vs. BACHAN SINGH SALH

Decided On January 11, 2024
REKHA RANI Appellant
V/S
Bachan Singh Salh Respondents

JUDGEMENT

(1.) The petitioner in the present petition has impugned the order dtd. 29/11/2023 (Anneuxre P-9) passed by learned Additional Civil Judge (Senior Division), Phagwara, whereby application (Annexure P-7) filed by the petitioner seeking permission to examine the handwriting and finger prints expert to take photographs and give report, was dismissed.

(2.) Facts of the case are that the petitioner filed a suit for possession by way of specific performance of an Agreement to Sell dtd. 14/2/2014 regarding the land in question. After hearing, learned ACJ, Phagwara vide order dtd. 4/3/2021, framed the following issues:-

(3.) Evidence of petitioner/plaintiff was closed on 6/3/2023. Defendant No.1 was ex parte and the evidence of defendant No.2 was closed on 8/9/2023. Since there was denial on the part of the defendant regarding execution of the Agreement to Sell stating therein that it is forged and fabricated document. Therefore, thereafter, the petitioner moved an application under Order 14 Rule 5 CPC for framing of the additional issue regarding the Agreement to Sell dtd. 14/2/2014. The said application was allowed on 4/11/2023 and Additional Issue No.7A was framed, which is reproduced as under:-