BHOLA SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) Petitioner has assailed the order dated 07.12.2016 passed by Civil Judge (Junior Division), Hoshiarpur whereby the application for comparison of the signature appearing at the back of the cheque with specimen signature of the plaintiff was declined.

(2.) A suit for specific performance was filed on the basis of agreement to sell dated 13.04.2006 by the plaintiff. The defendants took the stand that the earnest money had already been returned along with interest by means of a cheque bearing No. 212771 dated 08.08.2006 in the name of Ashok Kumar plaintiff. Thereafter, evidence of the plaintiff was closed. Defendants also closed their evidence in the year 2013.

(3.) During pendency of the suit, the defendants executed sale deed in favour of respondents No. 2 to 4. Plaintiff sought amendment of the plaint under Order 6, Rule 17 CPC and the same was allowed. Subsequently, vendees were ordered to be impleaded as party defendants in the suit. Thereafter, plaintiff led evidence in the form of one witness and the evidence was closed on 19.02.2016.