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M. M. SUNDRESH, SATISH CHANDRA SHARMA
Hussain Bin Awaz – Appellant
Versus
Mittapally Venkataramulu – Respondent
ORDER :
1. Leave granted.
2. The short issue for consideration in the present appeal is as to whether the High Court, at the revisional stage, ought to have allowed the application invoking Section 45 read with Section 73 of the then Indian Evidence Act, 1872 (for short ‘the Act’) when the trial has already concluded, that too the applicant being the defendant in a suit for declaration and injunction.
3. In our considered view, the High Court has committed an error in reversing the order passed by the Trial Court.
4. In a suit for declaration and injunction, it is for the plaintiff to prove his case. Section 45 read with Section 73 of the Act, can only be invoked for an admitted document for the purpose of comparison of signatures or handwriting.
5. In such view of the matter, we are inclined to set aside the impugned judgment.
6. Accordingly, the impugned judgment passed by the High Court is set aside and the order of the Trial Court is restored.
7. We make it clear that all issues are left open.
8. The appeal stands allowed, accordingly.
9. Pending application(s), if any, shall stand disposed of.
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