AMRINDAR SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) Petition herein is directed against an order dtd. 20/2/2023 passed by learned trial Court, Sri Ganganagar whereby applications under Order 16 Rule 1(3) CPC and Order 13 Rule 10 read with Sec. 151 CPC have been rejected by a common order.

(2.) Succinct facts first, as pleaded in the instant writ petition.

(3.) Learned counsel for the petitioner submits that as per the FSL report itself the agreement/document in question has not been signed by the petitioner. The document expert, who prepared the FSL report is required to be produced before the learned trial Court. As per Sec. 45 of the Evidence Act, the expert evidence on handwriting can be proved by way of producing the expert in the witness box. The certified copy of the document which was produced in the learned trial Court. Its original is lying in the record of the pending criminal proceedings before the ACJM Court between the same parties. For proving the FSL report, its author is a necessary witness, who is required to be summoned by learned trial Court. Learned Court below has thus committed grave error by ignoring the facts of the case. Therefore, the present writ petition may kindly be allowed.