- (1.) Defendant no. 1 Sumer Singh has filed this revision petition under Article 227 of the Constitution of India assailing order dated 2.2.2012, Annexure P/2 passed by learned Civil Judge (Junior Division), Faridabad thereby dismissing application Annexure P/1 moved by defendant no. 1 - petitioner for examination of Handwriting and Fingerprint Expert as witness. Respondent no. 1 has filed suit against defendant no. 1 - petitioner and respondent no. 2 as defendant no. 2 for specific performance of agreement to sell. During cross-examination of the plaintiff, agreement and receipt Ex. DW3/B and DW3/C were put to the plaintiff who denied his signatures thereon. These documents were executed by Nepal Singh DW in favour of plaintiff and one Dalbir. Defendant no. 1 in the application sought permission to examine the Handwriting Expert to prove the alleged signatures of the plaintiff on the aforesaid documents by comparison with his standard signatures on plaint, vakaltnama and other documents available on the court record. The said application has been dismissed by the trial court vide impugned order Annexure P/2 which is under challenge in this revision petition.
(2.) I have heard learned counsel for the petitioner and perused the case file.
(3.) Counsel for the petitioner contended that plaintiff's suit is for specific performance of agreement to sell dated 6.3.2006. Stand of defendant no. 1 is that the plaintiff by advancing loan amounts has been obtaining signatures of the debtors on blank papers and thereon preparing agreements to sell and impugned agreement has also been prepared in the same manner. It was also contended that agreement and receipt dated 2.11.2004 Ex. DW3/B and Ex. DW3/C have been similarly obtained from one Nepal Singh but the plaintiff when confronted with the said documents in his cross-examination denied his signatures thereon and therefore, it is necessary to examine the Handwriting Expert to substantiate the aforesaid version of defendant no. 1.;