KANWAR JASBIR SINGH @ JASBIR SINGH Vs. SATNAM SINGH ETC
LAWS(P&H)-2014-12-363
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 09,2014

Kanwar Jasbir Singh @ Jasbir Singh Appellant
VERSUS
Satnam Singh Etc Respondents

JUDGEMENT

- (1.) Two orders, one of 19.9.2014 (Annexure P-8) and another of 28.11.2014 (Annexure P-10) have been impugned in this revision petition. The case in the lower court is fixed for evidence of the defendants. Application for leading secondary evidence to prove registered sale deed dated 22.3.2007 and memorandum of family settlement dated 18.12.1976 entered in the register of deed writer Sardari Lal at Sr. Nos.761 and 762 of 1976 were sought to be proved by way of secondary evidence. Claiming that these documents were beyond manipulation and being necessary for adjudication of the matter in controversy, were required to be proved by recording evidence and since the documents were not in possession of the defendants, the same could not have been produced by them. Finding merit in the application of the defendants, this request to lead secondary evidence was allowed subject to certain conditions.
(2.) Thereafter, the defendants had moved yet another application for examining hand-writing and finger print expert Shri Sukhjinder Singh to prove memorandum of family settlement of 18.12.1976 for comparison of signatures of author on these documents with admitted or undisputed signatures of Kanwar Jasbir Singh, plaintiff, petitioner herein. This application was also found merited and thus was allowed.
(3.) The plaintiff is aggrieved of both these orders and challenging the same, has invoked the supervisory jurisdiction of this Court by way of Article 227 of the Constitution of India.;


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