JUDGEMENT
-
(1.) Challenge in this revision petition is to the order dated
30.3.2006 passed by Civil Judge (Senior Division), Fatehgarh Sahib,
vide
which he has allowed the plaintiffs to produce Expert witness in order
to
compare thumb impressions of Bant Singh and Hukam Kaur alias
Hukmi on
the Wills in question, with their thumb impressions appearing on a
power of
attorney dated 18.7.1986. Reason for examining the expert in rebuttal
has
been given as power of attorney was not traceable and after it was
traced
out, plaintiffs want to get thumb impressions compared.
(2.) Learned counsel for petitioner argues that plaintiffs want to
produce this evidence in order to fill-up lacuna. They did not produce
said
evidence earlier when sufficient opportunities were granted to them.
(3.) This
argument is without any force. Reason for not examining said Expert
earlier has been duly explained as thumb impressions for comparison
were
not available with the plaintiffs.;
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