MOHINDER SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) Challenge in this revision petition is to the order dated 30.3.2006 passed by Civil Judge (Senior Division), Fatehgarh Sahib, vide which he has allowed the plaintiffs to produce Expert witness in order to compare thumb impressions of Bant Singh and Hukam Kaur alias Hukmi on the Wills in question, with their thumb impressions appearing on a power of attorney dated 18.7.1986. Reason for examining the expert in rebuttal has been given as power of attorney was not traceable and after it was traced out, plaintiffs want to get thumb impressions compared.

(2.) Learned counsel for petitioner argues that plaintiffs want to produce this evidence in order to fill-up lacuna. They did not produce said evidence earlier when sufficient opportunities were granted to them.

(3.) This argument is without any force. Reason for not examining said Expert earlier has been duly explained as thumb impressions for comparison were not available with the plaintiffs.