High Court of Punjab and Haryana, Chandigarh
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TEK CHAND & Ors v. JASWANT SINGH - CR-4222-2005  RD-P&H 199 (19 January 2006)
C.R. No.4222 of 2005
Date of Decision: 10.1.2006
Tek Chand and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present:- Shri O.P. Sharma, Advocate
for the petitioner.
Vide order under challenge, application of the petitioner to get sample thumb impression of the defendant- respondent to compare the same with alleged thumb impression on the sale deed in dispute was dismissed.
While issuing notice of motion on 13.9.2005, following contention of counsel for petitioner was noticed by this Court:- "Counsel contends that the petitioners-plaintiffs moved an application on 27.8.2001, with a prayer that the defendant- respondent be asked to give his specimen thumb impression, for comparison. Evidence of the petitioners was closed on 22-8-2003, without deciding that application. Now said application has been dismissed by the trial court, by stating that the petitioners' evidence has already been closed, vide order referred to above." C.R. No.4222 of 2005 
Despite service, none has put in appearance to oppose this Civil Revision. It is evident from the order under challenge that the petitioner had moved this application on 31.8.2001, i.e., before closing his evidence on 22.8.2003, may be due to some inadvertence application was not decided by the trial Court. Now merely because evidence of the petitioner has been closed on 22.8.2003,this application cannot be treated as an application for leading additional evidence. Furthermore while passing order under challenge, the trial Court has not taken note of the provisions of order 18 Rule 16A of CPC.
It is apparent from the record that from the very beginning petitioner was interested, in getting the thumb impression of the respondent compared with his thumb impression on the sale deed in dispute. It is a fit case where he can be allowed to do so. Accordingly, this revision petition is allowed. Order under challenge is set aside. Application of the petitioners stands allowed. Trial Court is directed to give opportunity to the petitioners to get sample thumb impression of the respondent for the purpose of comparison with his alleged thumb impression on the sale deed and further to give an opportunity to the petitioner to produce an Expert to report in that regard.
January 10, 2006 ( JASBIR SINGH )
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