Tejinder Pal Singh v. Harsh Vardhan Jain And Another

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 2221 of 2021 Date of Decision: 28.01.2025 Tejinder Pal Singh ... Petitioner(s)

Versus

Harsh Vardhan Jain and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Harjot Singh Bedi, Advocate for the petitioner(s).

Mr. Namit Gautam, Advocate for the respondents.

Anil Kshetarpal, J.

1.

The petitioner herein is defendant No.2 in the plaintiff's suit for recovery of ₹1,27,000/-. The plaintiff has already examined the Handwriting and Fingerprint Expert to prove that the defendant has appended his signatures on the receipt as well as the cheque. When the defendant was granted an opportunity to lead evidence, he filed an application for grant of permission to inspect the acknowledgment (Ex.P1), cheque (Ex.P2) and signatures of the defendant for comparison. The Trial Court has dismissed the aforesaid application on the ground that the plaintiff has already examined the Handwriting and Fingerprint Expert and the petitioner has sought comparison of the signatures of the defendant with photocopy which is inappropriate.

2.

It would be noticed here that the report of the Handwriting and DEEPAK KUMAR BHARDWAJ 2025.01.31 10:21 I attest to the accuracy and integrity of this document

Civil Revision No. 2221 of 2021 Fingerprint Expert is opinion based, which is not binding on the Court. Moreover, once the defendant wants to lead relevant evidence when the case is fixed for evidence, the Court cannot refuse. Once the plaintiff has examined the Handwriting and Fingerprint Expert, the defendant has a liberty to lead counter evidence. Admittedly, the original documents have already come on the record. The Handwriting and Fingerprint Expert can examine the original documents and prepare his report. 3.

Keeping in view the aforesaid facts, the present revision petition is allowed and the impugned order is set aside. (Anil Kshetarpal) Judge January 28, 2025 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2025.01.31 10:21 I attest to the accuracy and integrity of this document