RAJINDER SINGH CHAWLA Vs. VIVEK AHLUWALIA

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, has been maintained by the petitioner, against the order dated 23.09.2016, passed by learned Civil Judge (Jr. Div.) Dehra, District Kangra, H.P., in Civil Suit, RBT No. 342/II/10, whereby an application filed by the petitioner, under Section 73 of the Indian Evidence Act, has been dismissed.

(2.) Briefly stating facts giving rise to the present petition are that the petitioner/plaintiff (hereinafter to be called as "the plaintiff") filed a suit for recovery of Rs. 38,000/- and Rs. 13,300/- as interest @ 12 % per annum w.e.f. 07.04.2007 to 003.2010 and future interest @ 12% per annum against the respondent/defendant (hereinafter to be called as "the defendant"). During the pendency of the suit an application, under Section 73 of the Indian Evidence Act has been moved by the plaintiff for comparison of handwriting of the defendant and his special attorney/father Sh. Ved Parkash Ahluwalia, on the ground that as the documents Mark X, Y and Z are bearing writing of the defendant and his father/special attorney, the same deserves to be got compared with their handwriting for effective adjudication of the controversy of the case.

(3.) The defendant, by filing reply contested the application on the ground that the same is not maintainable, as comparison of handwriting of defendant and his father with the disputed handwriting has no bearing on the outcome of the case. Lastly, a prayer for dismissal of the application alongwith costs has been made by the defendant.