JARDAAR KHAN Vs. TUNDA RAM

JUDGEMENT

(1.) The instant petition has been filed by the petitioner, challenging the order dtd. 21/8/2019 whereby application filed by the petitioner under Ss. 45 & 73 of the Indian Evidence Act has been dismissed.

(2.) Learned counsel for the petitioner submitted that the petitioner has filed a civil suit against the respondent for declaration and restoration of the possession of the property. Learned counsel for the petitioner submitted that in order to deny the contention of the respondent that rent note dtd. 5/6/1986 produced by the petitioner was not genuine and same was not signed by the executor-Bashir Khan, the petitioner moved an application on 10/8/2016 before the trial court with a prayer to send the same with mortgaged documents dtd. 25/7/1985, to compare the signature of Bashir Khan by the Forensic Science

(3.) Laboratory as mortgaged documents dtd. 25/7/1985 were also executed by Bashir Khan and duly registered by Sub Registrar, Dholpur.