BHAGWAN Vs. DINESH CHANDRA SHARMA

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner -defendant challenging the order dt. 07.01.2014 passed by the District Judge, Sawai Madhopur (hereinafter referred to as 'the trial Court') in Civil Suit No. 33/10, whereby the trial Court has dismissed the application of the petitioner for referring the pronote and the receipt dt. 02.05.2007 to FSL for examination. It is sought to be submitted by the learned counsel Mr. Tarun Jain for the petitioner that the signature appearing on the alleged pronote and the receipt is not that of the petitioner and, therefore, the said documents are required to be referred to the FSL for necessary examination. He also submitted that the petitioner has also filed the criminal proceedings against the respondent -plaintiff for forging his signature.

(2.) THE Court does not find any substance in the said submission made by the learned counsel for the petitioner. It is for the petitioner -defendant to prove his defence and the Court cannot be compelled to collect the evidence for either of the parties, by referring the documents to FSL. In that view of the matter, the Court does not find any illegality or infirmity in the impugned order passed by the trial Court. The petition being devoid of merits is dismissed.