LRS OF SHOKIN KHAN Vs. ASLAM KHAN

JUDGEMENT

(1.) The present writ petition under Article 227 of the Constitution of India has been preferred by the petitioner-defendant assailing the order dtd. 3/2/2026 passed by the Additional District Judge No. 1, Nohar, District Hanumangarh, whereby the petitioner's application filed under Order VIII Rule 1A(3) and Order VI Rule 17 read with Sec. 151 of C.P.C. has been rejected.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the petitioner contends that the trial court committed an error in rejecting the application under Order VIII Rule 1A(3) and Order VI Rule 17 CPC. It is urged that the finding regarding alleged dissimilarity in the plaintiff's signatures/ handwriting travels beyond the pleadings, as no such plea was taken in the application or the written statement. It is further argued that the trial court adopted an inconsistent approach by observing that the document pertains to the agreement in question, yet treating it as suspicious without assigning cogent reasons, thereby rendering the impugned order arbitrary and unsustainable.