IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.3504 of 2009(O&M)
Date of Decision 25.11.2009
Rajinder Singh @ Raju and others
...... Petitioners
VERSUS
Rajbir Singh and others
...... Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.Ashish Gupta, Advocate, for the petitioners.
Mr.Adarsh Jain, Advocate, for the respondents.
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A.N.JINDAL, J(ORAL):
This petition is directed against the orders dated 29.04.2009
and 09.06.2009, passed by Additional Civil Judge (Senior Division),
Hathin, whereby applications of the petitioners-plaintiffs (herein referred as
‘the plaintiffs’) for leading rebuttal evidence and additional evidence
respectively have been dismissed.
After closing the evidence by the plaintiffs, the defendants led
the evidence including the evidence of Hand Writing Expert in order to
compare the thumb impression of the plaintiff as well as lease deed and
general power of attorney dated 20.06.1991. Thereafter, the plaintiffs
moved an application for examining some expert in rebuttal to the expert
already examined by the defendants which was dismissed by the trial Court.
After hearing learned counsel for the parties at length and in
order to avoid unnecessary delay, which is apprehended to have been caused
by the plaintiffs in disposal of the suit, both the parties agree that the expert
could be allowed to be examined by the plaintiffs in rebuttal evidence with a
view to impart full justice to them.
As such, this petition is disposed of with a direction to the trial
Court to examine Mr.Naresh Kataria, Hand Writing Expert, Chandigarh (as
suggested by the petitioners-plaintiffs) about which the necessary fee and
other expenses will be deposited in the Court forthwith and the plaintiffs
would conclude their evidence within one month from the date of receipt of
copy of this order.
25.11.2009 (A.N.Jindal) mamta-II Judge