VED PARKASH LORE Vs. MAHENDER SINGH

JUDGEMENT

(1.) (Oral) - The present revision petition has been preferred by the petitioner-defendant against the order dated 02.05.2016 passed by the learned Additional Civil Judge (Senior Division), Charkhi Dadri, whereby the application moved by the petitioner for getting examined the questioned documents from the Central Forensic Science Laboratory, Chandigarh/Hydrabad/Shimla, has been dismissed.

(2.) Learned counsel for the petitioner contended that there are two contradictory reports of the hand writing experts produced before the learned trial Court. He contended that there is a material controversy in the suit that as to whether the father of the petitioner had executed the pronote and receipt in question and borrowed a sum of Rs. 21 lacs from the plaintiff-respondent. He contended that in order to do the complete justice, the learned trial Court should have sent the questioned documents i.e. pronote and receipt to the Central Forensic Science Laboratory, Chandigarh/Hydrabad/Shimla for examination.

(3.) He further contended that the petitioner is a retired senior Army officer and is a dead-honest person. The fraud has been committed by the plaintiff-respondent at his back. The opposition by the respondent to the application itself indicates that he has fabricated the documents with intention to grab the money of the petitioner. At the time of the alleged execution of the pronote, the age of the father of the petitioner was about 82 years. The witnesses examined by the respondent are interested witnesses. He contended that it is not believable that now a days a person will make the cash payment of such a huge amount of Rs. 21 lacs and that too to an unknown old person who was not ordinarily residing at Charkhi Dadri. The plea raised by the respondent that father of the petitioner has purchased some land also stands falsified. Thus, he contended that the suit filed by the defendant is based on forged and fabricated pronote and receipt. These documents should be referred to the Central Forensic Science Laboratory in the interest of justice and to bring the truth on record.