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Judgment
Sureshwar Thakur, J.
1.Upon the apposite Civil Suit, the learned Senior Civil Judge, Nalagarh had struck the hereinafter extracted apposite issue No.5:-
“5.Whether the sale deed registered on 11.8.2009, No.699, is illegal, null and void, as alleged?OPP. The civil suit had progressed upto the stage of
arguments, whereat, an application cast under the provisions of Section 151 of the CPC, was preferred by the plaintiff(s)/applicant(s) before the
learned trial Court, seeking therein permission for producing before it, the copy of challan instituted, in FIR No.26/2011, (i) the adduction of the
aforesaid documentary piece of evidence, was, espoused to be, both just, and, essential for hence enabling rendition of befitting findings vis-a-vis the
aforesaid issue. The aforesaid application was allowed by the learned trial Court. The defendant being aggrieved therefrom, has motioned this Court,
through, the instant petition.
2.Conclusive cogent proof, for rendering befitting findings upon the hereinabove extracted apposite issue No.5, is, comprised in the report of the
handwriting expert, who, after comparing the disputed and admitted scribings, of, the executor of the apposite sale deed, hence makes a conclusion
vis-a-vis similarities, and, variances thereof. However, the learned trial Court cursorily, and, in a slip shod manner, and, without perusing the copy of
the challan, has, made the impugned order, (a) whereas, especially, on a close perusal thereof, it makes apparent disclosures, of it remaining
unaccompanied, by the report of the handwriting expert concerned, (b) wherein, he on examination of the apposite admitted, and, disputed signatures
of the executor concerned, hence, rendered, his apposite opinion thereon. Since, the aforesaid report, of, the handwriting expert concerned, comprised
the most befitting and potent material, for rendering a pronouncement upon issue No.5, whereas, its, not being appended with the challan, thereupon,
the leave as granted, to, the plaintiff, for producing on record a copy of challan, filed in FIR No.26 of 2011 is both illegal besides improper, it per se not
enabling the trial judge, to render any conclusive finding upon apposite issue No.5.
3.Consequently, the instant petition is allowed, and, the order impugned before this Court is set aside. However, since for rendering befitting findings,
upon, issue No.5, the report of the handwriting expert is imperative, thereupon, the plaintiff is permitted, to institute an application, cast under Section
45 of the Indian Evidence Act, before the learned trial Court, who shall, in accordance with law, make a decision thereon, and, shall thereafter upon
its, in accordance with law, making an affirmative decision thereon, shall elicit the report of the handwriting expert concerned, and, shall thereafter in
consonance therewith, and, in consonance with rebuttal evidence, if any, adduced by the aggrieved concerned, make a pronouncement upon the
apposite civil suit. The parties are directed to appear before the learned trial Court on 23rd April, 2018. All pending applications also stand disposed of.
Records be sent back forthwith.