Harminder Kaur v. Bhajan Singh

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 741/2018 & CM APPL. 26577/2018 HARMINDER KAUR ..... Petitioner Through:

Mr. Sarabjeet Singh, Adv.

versus BHAJAN SINGH ..... Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 09.07.2018 Vide the petition, the petitioner assails the impugned order dated 12.02.2018 of the learned ADJ-04, West in Civ. DJ No. 612237/16 on the application filed u/o 16 Rule 1 and 16 of the CPC filed on behalf of the plaintiff of the case which was disposed of with directions to the effect that the Notary Public i.e. Shri O.P. Choudhary qua the agreement to sell dated 09.04.2009 Ex.PW1/1 filed by the plaintiff was allowed to be summoned along with Ms. Nirmal Kaur for the purpose of confrontation of documents of Ms. Nirmal Kaur to him in view of the factum that the defendant i.e. the present petitioner, had examined the Notary Public i.e. OP Choudhary at the stage of final arguments, to contend that the said Notary Public in his examination in chief had denied his signature as well as seal on the agreement to sell dated 09.04.2009 and that the plaintiff through the said proceedings, had sought the production of Nirmal Kaur, who had got the documents attested from the same Notary Public bearing his

signatures.

A bare perusal of the impugned order dated 12.02.2018 indicates that it is only to bring forth the veracity of averments in evidence sought to be put forth by either side to assist the learned trial Court in arriving at a just conclusion.

In these circumstances, it is held that there is no infirmity in the impugned order dated 12.02.2018 of the Court of ADJ-04, West in Civ. DJ No. 612237/16.

The petition and all accompanying applications have declined. ANU MALHOTRA, J JULY 09, 2018 vm