R.C. Gaur And ANR v. Deepak Kumar And ORS

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 4446 of 2017 Date of Decision: 23.08.2022 R.C.Gaur and Another ... Petitioner(s)

Versus

Deepak Kumar and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Sachin Mittal, Advocate for the petitioner(s).

Mr. Ayush Gupta, Advocate for the respondent No.1 to 4.

Anil Kshetarpal, J.

1.

The petitioners herein are the defendant No.1 and 2 in a suit for grant of decree of declaration, filed by the plaintiffs claiming that their father late Sh.M.L.Sharma was a partner in the firm and after his death, they are entitled to his share. On the other hand, the defendant No.1 and 2, while contesting the suit, claim that late Sh.M.L.Sharma retired from the partnership in the year 2002.

2.

During the pendency of suit, an application, filed by the defendant No.1 and 2 to direct the plaintiffs to give their specimen signatures, was dismissed by the trial Court on the ground that the signatures of the plaintiffs are available on the plaint as well as on their deposition before the Court. The plaintiffs have also disclosed the details of their bank accounts.

DEEPAK KUMAR BHARDWAJ 2022.08.25 10:48 I attest to the accuracy and integrity of this document 3.

The defendant No.1 and 2 want to prove the retirement deed on

Civil Revision No. 4446 of 2017 which late Sh.M.L.Sharma and the plaintiff No.1 are alleged to have appended their signatures. Such fact is required to be proved by the defendants. The trial Court has taken a plausible view of the matter. 4.

Keeping in view the aforesaid facts, no ground is made to exercise the revisional jurisdiction. Hence, the present revision petition is dismissed.

(Anil Kshetarpal) Judge August 23, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.08.25 10:48 I attest to the accuracy and integrity of this document