BACHHU SINGH Vs. BHIM SEN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-plaintiff challenging the order dtd. 29/8/2018, whereby his application filed under Order 47 Rule 1 CPC for reviewing the order dtd. 16/5/2018, has been dismissed.

(2.) Learned counsel for the petitioner submitted that initially an application was filed by the respondent-defendant under Order 26 Rule 10-A of CPC, wherein prayer was made by him that the document in question i.e. agreement to sell dtd. 30/8/2011, did not bear his signature, and as such, the said signature of the respondent-defendant was required to be compared with other documents to prove that he had never put a signature on agreement to sell.

(3.) Learned counsel for the petitioner submitted that reply to the said application was filed by the petitioner and an objection was raised that while adducing evidence, the respondent-defendant, admitted in his first cross-examination that he had put his signature on the agreement and photo affixed on the agreement to sell, was also of the defendant. Learned counsel for the petitioner submitted that the stage of closing evidence of the defendant was also pointed out and defendant wanted to delay the disposal of the suit, and as such, the prayer was made to dismiss the said application.