Shashi Bala Goyal vs Miss Briji Bala Goyal on 31 January, 2009

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                          Civil Revision No. 2578 of 2008
                          Date of decision: 31.01.2009


Shashi Bala Goyal                                       ...Petitioner

                                    Versus

Miss Briji Bala Goyal                                   ...Respondent


CORAM: HON'BLE MR. JUSTICE S.D.ANAND.


Present:     Mr. Vijay Sharma, Advocate for the petitioner

             Mr. Rajpal Kansal,Advocate for the respondent.
                                  *****

S.D.ANAND, J.

The impugned order directed the closure of rebuttal evidence
of the plaintiff-petitioner by noticing that no witness was present on that
date inspite of the fact that sufficient opportunities for the purpose
aforementioned had already been granted to the plaintiff-petitioner.

In support of the argument that Mr. N.K.Jain, Hand-writing and
Finger Print Expert was present on that date with a duly sworn affidavit
which was to be tendered in evidence in lieu of examination-in-chief.,
learned counsel has placed on record a photocopy of the affidavit of the
expert aforementioned which purports to have been attested on 11.4.2008
itself. In that very context, the learned counsel has placed on record a
photocopy of the report dated 6.4.2008 ( and also the photo copies of the
disputed and admitted signatures).

Without commenting upon the merits of the case, the petition
shall stand allowed in the circumstances of the case. The expert
aforementioned shall appear before the learned Trial Court on 21.2.2009
on which date his statement shall be positively recorded by the learned
Trial Court subject to payment of Rs.5000/- as costs.

The learned District Judge, Patiala, shall intimate the disposal
of that plea to the Registry of this Court.

January 31, 2009                                  (S.D.Anand)
Pka                                                  Judge