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MOHINDER SINGH. versus JASBIR SINGH & ORS.

High Court of Punjab and Haryana, Chandigarh

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Mohinder Singh. v. Jasbir Singh & Ors. - CR-2161-2006 [2006] RD-P&H 2279 (4 April 2006)

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Civil Revision No. 2161 of 2006

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision: 20.4.2006

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Mohinder Singh.

.... Petitioner

Versus

Jasbir Singh and others.

.... Respondents

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CORAM: HON'BLE MRS.JUSTICE NIRMAL YADAV
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Present:- Mr. Sham Lal Bhalla, Advocate, for the petitioner.

JUDGMENT

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.

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. This - 2 -

Civil Revision No. 2161 of 2006

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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.

Consequently, no ground for interference is made out.

Dismissed.

( Nirmal Yadav)

JUDGE

April 20, 2006.

Saini


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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