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High Court of Punjab and HaryanaCR/406/2016dismissed

Gurtej Singh And ANR. v. Charanjit Kaur And ORS.

2016-01-21Mr. Justice Harbans Singh Rai2 pages

C.R. No.406 of 2016 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.406 of 2016 Date of Decision.21.01.2016 Gurtej Singh and another .......Petitioners Vs.

Charanjit Kaur and others ........Respondents

Present:

Mr. Parveen Kataria, Advocate for the petitioners.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The plaintiff who sued on agreement for specific performance was contested with a plea that the agreement was not true and that there was no right for the plaintiff to seek for enforcement. The plaintiff examined himself and also brought witnesses of the agreement in an attempt to prove the agreement. After the defendant was examined, the plaintiff wanted now to examine an expert to prove the signature found in the document. If the defendant had denied the agreement, the plaintiff must take every responsibility and step to ensure that he brings all the evidence even at the first go for proving the agreement and this ought to include also an examination of an expert if he wanted to prove the signature of the defendant. This cannot brought as additonal evidence after the defendant has denied it and given his evidence supporting the same. The plaintiff must stand by the quality of evidence which he has already given and if attempt for PANKAJ KUMAR 2016.01.27 12:08 I attest to the accuracy and integrity of this document

C.R. No.406 of 2016 -2providing additional evidence was rejected by the Court below, I would find that there was adequate and justified reason for denying such a right for the plaintiff to bring additional evidence. 2.

I will make no intervention with the order passed already by the Court below. The revision petition is dismissed. (K. KANNAN) JUDGE January 21, 2016 Pankaj* PANKAJ KUMAR 2016.01.27 12:08 I attest to the accuracy and integrity of this document