PARMA Vs. BIRI SINGH AND ORS.

JUDGEMENT

(1.) BY means of this petition, the Petitioner has challenged the order dated 10th July, 2007 passed by the learned Civil Judge (Sr. Division), Sarkaghat, whereby he has rejected the application filed by the Plaintiff to summon witnesses to identify the handwriting and signatures of the scribe of the document allegedly executed by the father of the Defendants.

(2.) THIS application has been disallowed and rightly so since in my view even if the signatures of the scribe and the witnesses are proved that will not in any manner show that the document has been executed by the father of the Defendants. To prove this fact, the Defendants will have to lead evidence to show that the document was signed by Mana, father of the Defendants. Therefore, the evidence which was sought to be led was irrelevant.

(3.) THE parties through their counsel are directed to appear before the learned trial Court on January 14, 2011. The learned trial Court shall fix a date in the month of February, 2011. On or before the said date, the Petitioner must file the application referred to above. In case, no such application is filed then the case shall proceed normally and it shall be presumed that the Petitioner does not want to file the application. No order as to costs.