CHAMAN LAL Vs. KAPOOR DIN

JUDGEMENT

(1.) PETITIONER /defendant is aggrieved by the order dated 9th April, 2010 of learned trial Court, whereby his application for comparison of writing on the cheque, upon which the claim of the plaintiff -respondent is based, with plaintiff's writing and his own writing, has been rejected.

(2.) PETITIONER approached the trial Court, for getting the writing on the cheque compared with standard writing of himself and that of the respondent, from some expert.

(3.) LEARNED Counsel representing the plaintiff -respondent submits that several opportunities were given to the defendant -petitioner to lead evidence, but he failed to avail of those opportunities and when the case was fixed for 9th April, 2010, which was the last opportunity granted to him, for leading evidence, he moved application for getting handwriting on the cheque compared with specimen writings of the parties, with a view to escaping the rigor of the order that no more opportunity was to be given to him to lead evidence. It is also his submission that occasion for comparison arises only after the parties lead their evidence. Another submission made by him is that when the defendant -petitioner admits his signature on the cheque, there is no need for the comparison of the writing on the cheque.