HARISH KUMAR AND OTHERS Vs. BACHAN SINGH

JUDGEMENT

(1.) Petitioners have assailed the order dated 26.03.2013 passed by Civil Judge (Jr. Divn.), Kurukshetra vide which application for directing the plaintiff to provide his standard thumb impressions before the Court for getting the same compared with disputed thumb impressions on the original record of sub-Registrar on the sale by a document and fingerprint expert has been dismissed.

(2.) Plaintiff/respondent filed a suit for declaration with consequential relief of permanent injunction. Plaintiff has challenged the registered sale deed dated 05.02.1986 on the ground that he never executed the same nor received any sale consideration as alleged in the sale deed. Sale deed is claimed to be forged and fictitious and not binding upon the right of the plaintiff. Plaintiff denied his thumb impression on the said sale deed. Sale deed has been produced as Ex.P-7 on record in the evidence of the plaintiff and the same has been produced as Ex.D-3 at the instance of the defendants.

(3.) Plaintiff appeared as PW-1 and was also cross-examined by the defendants on 29.07.2011. In cross-examination, plaintiff admitted that he used to sign in Punjabi and he also used to thumb mark. On being asked to provide the samples of his both thumbs and also to thumb mark the statement as PW-1, plaintiff refused to provide his thumb impression. The evidence of the plaintiff was closed. The evidence of defendants started. According to the petitioners, necessity arose to get the standard thumb impressions of the plaintiff compared with that of thumb impressions appearing in the original record of the sale deed in the office of Sub-Registrar. The comparison of such thumb impressions is claimed to be very necessary for just decision of the case.