Parma vs Biri Singh and Others

Deepak Gupta, J.—By means of this petition, the Petitioner has challenged the order dated 10th July, 2007 passed by the learned Civil Judge (Sr. Division), Sarkaghat, whereby he has rejected the application filed by the Plaintiff to summon witnesses to identify the handwriting and signatures of the scribe of the document allegedly executed by the father of the Defendants.

This application has been disallowed and rightly so since in my view even if the signatures of the scribe and the witnesses are proved that will not in any manner show that the document has been executed by the father of the Defendants. To prove this fact, the Defendants will have to lead evidence to show that the document was signed by Mana, father of the Defendants. Therefore, the evidence which was sought to be led was irrelevant.

Copy of the document, which is sought to be proved, has been produced before me and I find from the document itself that the alleged signatures of Mana show that he was virtually an illiterate person. Signatures of a person can only be proved by either comparing them with his admitted signatures or examining a witness who has seen such person signing or has had the occasion to receive written communication from such a person. According to the Petitioner this document is a very important document which goes to the root of the case. Therefore, while dismissing the present petition, liberty is given to the Petitioner to file an application before the learned trial Court within two months from today for examining a witness who can identify the signature of Mana. It shall be duty of the Petitioner to clearly set-out the facts in the application which will prima facie show how such person is acquainted with the signatures of Mana. In case, such an application is moved the same shall be considered strictly in accordance with law. With these observations, the petition is disposed of.

The parties through their counsel are directed to appear before the learned trial Court on January 14, 2011. The learned trial Court shall fix a date in the month of February, 2011. On or before the said date, the Petitioner must file the application referred to above. In case, no such application is filed then the case shall proceed normally and it shall be presumed that the Petitioner does not want to file the application. No order as to costs.