Ajay Kumar Mittal, J. - (1.) This revision petition has been filed against the order dated 20.11.2009 (Annexure P-3) passed by the learned Civil Judge (Junior Division), Abohar, dismissing the application of the plaintiff-petitioners for taking specimen signatures and handwriting of the witness, namely Ram Lubhaya, Advocate for expert opinion.
(2.) Briefly stated, the facts necessary for adjudication of the present petition are that Hardial Ram, husband of petitioner No.1 and father of petitioners No.2 to 4 executed a Will on 7.6.1997 in favour of the petitioners in equal shares which was scribed by Ram Lubhaya Kamboj, Advocate and witnessed by Bula Ram Lambardar as well as Des Raj. After the death of Hardial Ram, the petitioners filed a suit for declaration claiming the ownership of the land in question on the basis of said Will. During the pendency of the suit, the petitioners filed an application for leading secondary evidence. The said application was allowed by the trial court and the petitioners were permitted to lead secondary evidence qua the Will dated 7.6.1997. An affidavit dated 26.9.2005 by way of examination-in-chief of witness Ram Lubhaya, Advocate was tendered in the Court wherein he had admitted that the Will in question was scribed by him at the instance of Hardial Ram. The witness also admitted his signatures on the photo copy of the Will. During the course of cross-examination of the said witness, counsel for the petitioners stated that as the witness is concealing the truth, therefore, the petitioners be permitted to cross-examine the witness. Vide order dated 1.8.2009, the petitioners were permitted to crossexamine Ram Lubhaya, Advocate. Thereafter, the petitioners moved an application dated 8.9.2009 for taking specimen signatures and handwriting of the scribe of the Will, namely, Ram Lubhaya, Advocate for comparison from the handwriting expert. The trial court vide order dated 20.11.2009 dismissed the said application. Hence, the present revision petition.
(3.) I have heard learned counsel for the parties and perused the record.;