Gurdial Singh vs Piara Singh and Others

Deepak Gupta, J.—By means of this petition, the Petitioner has challenged the order dated 25.11.2010 passed by the learned Civil Judge (Jr. Division), Court No. 111, Una whereby the application filed by the Plaintiff for sending agreement dated 29.2.1998 to the Examiner of Question Document for comparing the thumb impression of the Defendant No. 1 Piara Singh on the 2 said agreement with his admitted thumb impression on the documents filed in the suit was rejected.

The learned Trial Court rejected this application mainly on the ground that since the Defendant No. 1 had admitted the execution of the agreement, there is no need to compare his thumb impression on the agreement with the admitted thumb impression on the documents filed in the suit. At this stage, it would be pertinent to quote the relevant averments made in Para 2 of the written statement which read as follows:

That para No. 2 of the plaint as stated is wrong and denied. The fact of the matter is that the agreement dated 29.8.1998 was executed between the parties but the same was not acted upon. The agreement even otherwise is illegal and inadmissible for want of registration.

A perusal of these averments clearly shows that the Defendants did not deny the execution of the agreement. The Defendants however, submitted that the same was not acted upon and was otherwise illegal and inadmissible for want of registration. Once the execution of the agreement is not denied then the question of sending the said document for comparing the thumb impression thereupon does not arise. Therefore, the petition is rejected. No order as to costs.