Jeewa Singh vs M/S Bihari Lal & Co on 16 July, 2009

In the High Court of Punjab and Haryana at Chandigarh


Civil Revision No. 2533 of 2009

Date of decision: July 16, 2009

Jeewa Singh
                                                          .. Petitioner

                    Vs.

M/s Bihari Lal & Co.
                                                          .. Respondent

Coram:        Hon'ble Mr. Justice A.N. Jindal

Present:      Mr. G.S. Sidhu, Advocate for the petitioner.

A.N. Jindal, J

              Service is complete.

              This revision petition is directed against the order dated

25.8.2008 passed by the Civil Judge (Sr. Division), Mansa, dismissing the

application for sending the promissory note along with the stamp affixed on

the promissory and receipt to the Government Press Nasik to know about

the date of the stamps.

              The earlier application filed by the petitioner-defendant on

6.8.2001, was dismissed on 19.5.2003.          It has been stated that this

application was pre-mature at that time and was dismissed and now the case

is fixed for defendant's evidence, as such the petitioner-defendant is at

liberty to examine any witness of his choice. Since the question of forgery

of the promissory note and receipt is involved in the case, therefore, it

would be expedient in the interest of justice to get verification of the stamps

on the promissory note and the receipt in question from the Government

Press Nasik, which issued the stamps.

              None has appeared on behalf of the respondents despite service.

              While examining the impugned order, it transpires that though
 Civil Revision No. 2533 of 2009                                      -2-

                                      ***

the first application was declined, yet it would be suffice to say that the

same was dismissed as it was premature and the same does not create a bar

to the filing of the second application.

Resultantly, I allow this petition, set aside the impugned order

and direct the trial court to call for the report from the Government Press,

Nasik, with regard to the date of the stamps which have been affixed on the

promissory note, in accordance with law.

July 16, 2009                                           (A.N. Jindal)
deepak                                                        Judge