Vinay Goyal v. Arvind Atri And ANR.

C.R. No. 1033 of 2017 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

C.R. No. 1033 of 2017 Date of Decision: February 21, 2017.

Vinay Goyal ....Petitioner

Versus

Arvind Atri and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr.Parminder Singh, Advocate, for the petitioner.

Rajan Gupta, J (Oral) Present revision is directed against the order passed by the court below whereby application moved by the petitioner for leading additional evidence has been rejected.

Petitioner filed a suit for possession by way of specific performance on the basis of agreement to sell dated 17-18/11/2005 with consequential relief of permanent injunction. Suit has made much headway as it was nearing its culmination. Instant application was moved for examining handwriting expert to compare the signatures and writing of the defendant. According to counsel for the petitioner, defendant did not deny the averments regarding appending his signatures on the agreement to sell. But on appearing in the witness box, he denied the same. This led to the filing of instant application.

It is evident that suit has made much headway and is at the stage of rebuttal and arguments. Needless to observe that petitioner would

C.R. No. 1033 of 2017 2 be at liberty to take all his pleas at the final stage of the case. His apprehension that the trial court would be swayed by any observation made while disposing of instant application for leading additional evidence appears to be without any basis. There is no scope for interference in revisional jurisdiction. Petition is without any merit and is hereby dismissed.

(Rajan Gupta) Judge February 21, 2017.

BB Whether speaking/reasoned Yes/No Whether reportable: Yes/No