JAGDISH RAM Vs. HAKAM RAM AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 4.8.2010 whereby the application filed by the petitioner (hereinafter referred to as the 'plaintiff') for sending a document Ext.PW -2/A for comparison of the signatures of the original defendant No. 1 with his admitted signatures on the written statement and power of attorney for examination by a handwriting expert was rejected.

(2.) THE suit, in question, was filed in the year 2002. In para 3 of the suit, the plaintiff alleged that an agreement had been arrived at between the parties and this agreement had been signed by the original defendant No. 1 (who has since died). The defendant No. 1 in its written statement not only denied the execution of the agreement but he clearly stated that it is a sham transaction not bearing his signatures which according to him had been manufactured by the plaintiff in connivance with the marginal witnesses. Therefore, in the written statement itself, the defendant No. 1 had denied the signatures on the document.

(3.) THE matter proceeded thereafter for seven long years. Evidence was led by both the parties and only at the stage of arguments, an application under Section 73 of the Indian Evidence Act was filed. A copy of the application has been filed alongwith the petition. There is not a word in this application as to why this application was not filed at an earlier stage.