VARINDER PAL SINGH Vs. VINOD KUMAR

JUDGEMENT

(1.) Prayer in the present Civil Revision Petition, filed under Article 227 of the Constitution of India, is for setting aside the impugned order dtd. 4/8/2025 (Annexure P-13), passed by the learned Civil Judge (Junior Division), Chandigarh, in Civil Suit No. CS CJ/2065/2016, titled Varinder Pal Singh vs. Vinod Kumar and others, whereby the application filed by the petitioner-plaintiff seeking permission to examine a Handwriting Expert in rebuttal evidence and further to permit the said Expert to take photographs of the admitted signatures as well as the signatures on the settlement dtd. 2/7/2013 (Annexure P-2), already exhibited on the case file, has been dismissed.

(2.) Brief facts of the case are that the petitioner-plaintiff, Varinder Pal Singh, son of Joginder Singh, has filed a suit for recovery of Rs.10,88,000.00, i.e. a sum of Rs.8,00,000.00 as principal amount and Rs.2,88,000.00 as interest calculated @ 12% per annum w.e.f. 1/12/2013 till the date of filing of the suit, along with future interest @ 12% per annum till its realization, on the basis of oral and documentary evidence, against the respondents-defendants Vinod Kumar and others.

(3.) Learned Senior Counsel for the petitioner submitted that the case is based upon documentary evidence, and the documents are required to be proved through handwriting and fingerprint experts. It was contended that the learned lower Court failed to appreciate this fact and proceeded to dismiss the application without considering the material aspects of the case.