SURINDER SAINI Vs. SIMMI SAINI AND OTHERS

JUDGEMENT

(1.) The present petition directs challenge against order dated 03.11.2016 (Annexure P1) passed by the Civil Judge (Junior Division) Hoshiarpur whereby application (Annexure P7) for examining handwriting and finger prints expert in rebuttal evidence has been disallowed.

(2.) Counsel for the petitioner has submitted that the petitioner has filed a suit for declaration claiming ownership of the property in dispute being the sole legal heir of Smt. Chanan Kaur on the basis of Will dated 24.04.2000. The petitioner adduced evidence in support of her claim set up in the plaint. Simmi Saini-respondent No. 1 examined handwriting expert Shri Arvind Sood to prove Will dated 01.02.2001 and also got produced bank records containing thumb impression of Smt. Chanan Kaur and the handwriting expert prepared a report on the basis of comparison of disputed thumb impression of Smt. Chanan Kaur in the register of deed writer dated 01.02.2001 and thumb impression available in the bank record. It is argued that as the bank record was produced before the Court in the course of evidence adduced by respondent No. 1, there was no occasion for the petitioner/plaintiff to get compared thumb impression of Smt. Chanan Kaur on the disputed Will with the Bank record, therefore, she is required to be given an opportunity to seek necessary comparison from handwriting expert and examine him in rebuttal evidence.

(3.) I have heard counsel for the petitioner and perused the paper book containing various annexures including the order impugned.