AMARJIT SINGH Vs. PISHORA SINGH AND ORS.

JUDGEMENT

(1.) Petitioner has challenged the order dtd. 7/3/2019 passed by the Civil Judge (Jr. Divn.) Malerkotla, vide which the application filed by the petitioner/plaintiff for seeking permission to examine the Handwriting and Fingerprint Expert in rebuttal evidence was dismissed.

(2.) Brief facts are that the plaintiff/petitioner filed a suit for specific performance of agreement to sell dtd. 5/6/1994 by way of execution and registration of sale deed regarding suit land measuring 16 Kanals 17 Marlas as mentioned in the headnote of the plaint. Plaintiff also laid challenge to the judgment and decree dtd. 9/12/2003 passed by the Civil Judge (Jr. Divn.) Malerkotla. However, the matter was compromised on 25/2/2004 and the same was attached in Execution No.25. Permanent injunction was also prayed restraining the defendants from alienating the suit land in any manner.

(3.) In the aforesaid suit, an application was filed by the petitioner to examine the Handwriting and Fingerprint Expert in rebuttal evidence which was dismissed by the trial Court vide the impugned order on the ground that the documents mentioned by the petitioner in the application were within the knowledge of the petitioner since the date of filing of the suit and he cannot be allowed to fill lacuna by way of leading evidence in rebuttal.