Harbhajan Singh vs Tarlochan Singh

Hemant Gupta, J.

The plaintiff is in revision petition aggrieved against the order passed by the learned trial Court on 17.12.2004 whereby the application filed by the plaintiff to seek direction to the witnesses DW1 Tarlochan Singh and DW2 Kashmir Singh to appear in Court and give their specimen of their thumb impressions for comparison by the direct handwriting expert was declined.

The plaintiff has filed the suit for specific performance of agreement dated 28.2.1997. On the basis of the written statement of the defendant an issue was framed whether the said agreement is forged and fabricated document. The plaintiff has examined the evidence in affirmative and, thereafter, the defendant examined the witnesses who are sought to be recalled by the present petition.

Once the witnesses were present in the Court, it was open to the plaintiff to subject them to crossexamination in any manner. However, once the cross examination has been completed, there is no justified reason to seek a direction to recall the said witnesses for the purpose of comparison of specimen of their thumb impressions. The reasoning given by the trial Court cannot be said to be suffering from any patent illegality or irregularity warranting interference in exercise of revisional jurisdiction under Article 227 of the Constitution of India.

Dismissed in limine.

Revision dismissed.