VIJENDER SINGH MALIK,J. - (1.) Defendants no. 2 and 3 are before me in this revision brought under the provisions of Article 227 of the Constitution of India for setting aside the order dated 22.11.2011 (Annexure P3) passed by learned Additional Civil Judge (Senior Division), Baba Bakala, whereby the application filed by the petitioners seeking permission to take photographs of the signatures of plaintiff - Amarjit Singh appearing on the power of attorney, plaint, affidavit submitted as examination-in-chief and the affidavit (Ex. D2) by the handwriting expert and to allow the handwriting expert to compare the signatures taken from the above mentioned documents and to give report and depose in the court in support thereof, has been dismissed.
(2.) Amarjit Singh, respondent No.1 filed a suit for declaration to the effect that he is owner of a residential house situated in the abadi of Village Budha Theh (Beas), Tehsil Baba Bakala, District Amritsar, properly detailed in the headnote of the plaint and the sale deed dated 23.7.2001 allegedly executed by defendant No.1 in favour of defendants No. 2 and 3 is illegal, null and void and forged and fabricated document, which is not binding on the rights of the plaintiff. Relief of permanent injunction is also sought restraining defendants No. 2 and 3 from alienating the house in question in any manner.
(3.) After the suit was fixed for rebuttal evidence, if any, and arguments, the defendants-petitioners filed the application for the above stated relief. They have claimed in the application that defendant No.1, Jagir Kaur sold the suit property vide the impugned sale deed. Amarjit Singh filed an affidavit (Ex. D2) stating that the sale deed is executed with his consent. However, when he appeared as his own witness, he has denied his consent to have been there in executing the sale deed. It is claimed that if permission is given for comparison, it will bring to light the facts while the plaintiff would not be harmed in any manner.;