Narsa Ram vs M/s. Rajiv Trading Company

L.N. Mittal, J.—Defendant Narsa Ram has filed this revision petition under Article 227 of the Constitution of India challenging order dated 11.05.2011 (Annexure P-4) passed by learned Additional Civil Judge (Senior Division), Kurukshetra vide which application (Annexure P-3) of defendant-petitioner for taking specimen writing and signatures of Sohan Lal and Brij Bhushan, partners of respondent-plaintiff firm and also of Rajiv Mittal S/o Brij Bhushan and Madan Lal S/o Chander Bhan, stands dismissed.

I have heard learned counsel for the parties and perused the case file.

Defendant-petitioner is farmer, who used to sell his crops at the shop of respondent-plaintiff, a commission agent. Plaintiff has filed suit against defendant for recovery of money. The defendant in the written statement inter alia pleaded that the plaintiff had given some kucha parchis (slips) regarding crops sold by the defendant through the plaintiff. The defendant, therefore, moved application Annexure P-3 for taking specimen writing and signatures of aforesaid persons for comparison with kucha parchis mark F and mark G. The said application has been dismissed by the trial Court.

Learned counsel for the petitioner, having sought instructions pursuant to order of the preceding date, states that the aforesaid kucha parchis mark F and mark G have been written and signed by Rajiv Mittal S/o Brij Bhushan partner of plaintiff-respondent firm and therefore, counsel for the petitioner prays that specimen handwriting and signatures of Rajiv Mittal only be allowed to be taken.

I have carefully considered the aforesaid contention.

The prayer has to be allowed on payment of cost because the application was moved at belated stage and without even mentioning who had written and signed the kucha parchis in question. The defendant-petitioner had taken this plea in the written statement itself but without mentioning the names of the persons who had written and signed the kucha parchis in question.

In view of the aforesaid, the instant revision petition is allowed. Impugned order Annexure P-4 passed by the trial Court is set aside. Application Annexure P-3 filed by the petitioner is allowed to the extent that the petitioner is permitted to take specimen handwriting and signatures of Rajiv Mittal S/o Brij Bhushan partner of plaintiff-respondent, subject to payment of Rs. 2,000/- as cost precedent. Expenses of Rajiv Mittal for appearance in the Court for giving specimen handwriting and signatures shall also be borne by the defendant petitioner. Plaintiff-respondent shall produce Rajiv Mittal in the Court for the aforesaid purpose.