POLA SINGH Vs. FIRM BABU SINGH BHAGWANT SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Briefly, the facts giving rise to the present writ petition are that the respondent-applicant preferred a suit for recovery of money from the petitioner and during the pendency of the suit, an application was preferred by the respondent-applicant to the effect that the Promissory Note may be got examined from a Handwriting Expert for the purpose of matching the signatures of the petitioner and the respondent. The petitioner filed reply to the said application. Learned trial court after hearing the parties, allowed the application and the Promissory Note/the document in question was sent to one Shri Anil Kumar Gupta, Handwriting Expert for reporting the matter with respect to the matching of the signatures on the document (Promissory Note). After the report was received, it came to the knowledge of the petitioner that Shri Anil Kumar Gupta, Handwriting Expert is an arranged witness of the respondent-applicant and thus, he submitted a report favouring the case of the respondent. In these circumstances, the petitioner preferred one more application before the trial court with a prayer that the documents which were got examined by Shri Anil Kumar Gupta, as Handwriting Expert, should be got examined from one more independent Agency situated at Jodhpur or Jaipur. This application preferred by the petitioner was rejected by the trial court vide order dtd. 26/11/2016, against which, the petitioner preferred a revision petition and the same too was rejected by the Revisional Authority i.e. District Judge, Sriganganagar vide its order dtd. 27/2/2019.

(3.) Learned counsel for the petitioner submits that both the Courts below committed an error while rejecting the application for getting the documents examined from an independent Agency. He further submits that no prejudice or loss will be caused to the respondent, if the documents are examined from an independent Handwriting Expert of the Government department located at Jodhpur or Jaipur. Learned counsel submits that in other matters also, which are pending before different Agencies, such practice has been adopted by the respondent for taking a favourable report from Mr. Anil Kumar Gupta. He, therefore, prays that the writ petition may be allowed, the impugned orders may kindly be quashed and set aside and the documents may be ordered to be got examined from the Government Forensic Authorities located at Jaipur or Jodhpur within a specific time frame.