INDERJEET SINGH Vs. ARVIND KUMAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties. The application made by the Defendant/Petitioner herein for seeking opinion of the Handwriting and Signature Experts on the signature of the Defendant on the agreement of sale for which a title suit for specific performance has been instituted, has been declined by the impugned order dated 23.8.2012 passed by the Court of learned Civil Judge Senior Division -II, Jamshedpur in Title Suit No. 55 of 2004. The suit is at the stage of defendant witness.

(2.) Learned counsel for parties have referred to the provisions of Sec. 45 and Sec. 73 of the Evidence Act.

(3.) In the circumstances, upon consideration of the rival pleas of the parties, this Court is of the opinion that despite rejection of such plea by the learned Court below earlier by the impugned order, it is still open to the learned Trial Court to consider the question relating to obtaining opinion of Hand -writing and Signature experts on the signature of the Executor of the agreement for sale, if it is satisfied during course of deposition of defendant witness that such a course is warranted in the eye of law. The satisfaction is to be of the learned Trial Court keeping into account the relevant pleadings & material evidence on record and the provisions of the Civil Procedure Code and Evidence Act. It is open for the defendant/petitioner herein to adduce its own witnesses in support of its claim that the agreement for sale is a forged and fabricated document not executed by the defendant.