GAJRAJ SINGH Vs. ASHOK

JUDGEMENT

(1.) This is a civil revision petition under Article 227 of the Constitution of India for setting aside the order dtd. 9/1/2025 passed by trial Court, vide which the application filed by the petitioners for the examination of the fingerprint expert has been dismissed.

(2.) The plaintiffs/petitioners had filed a suit for declaration by relying upon the family settlement which was allegedly arrived at in the year 2002 and regarding which there was a writing dtd. 26/12/2002. The said suit was filed in the year 2019. In the written statement filed by the contesting respondents No.1 and 2/defendants No.1 and 2, it was denied that any such family settlement ever took place and it was stated that no such family settlement was ever signed by the answering defendants or other legal heirs and the said alleged family settlement was never reflected in the revenue records as contemplated under Sec. 123 of the Punjab Land Revenue Act, 1887.

(3.) It is not in dispute that the plaintiffs have led their evidence and in spite of the above stand taken by the contesting respondents No.1 and 2/defendants No.1 and 2, no fingerprint expert had been examined by the petitioners and it was only when the case was fixed for rebuttal and arguments that an application (Annexure P-4) was filed by the petitioners to examine the fingerprint expert in rebuttal evidence. The said application was opposed by the respondent No.1 by filing a reply (Annexure P-5) in which it had been stated that the signatures on the alleged family settlement had been denied by the contesting respondents from the beginning and the plaintiffs had availed as many as 14 opportunities from 18/5/2022 to 8/9/2023 and when the case was at the fag end, the present application had been filed, which was not maintainable.