JUDGMENT :

SANJEEV SACHDEVA, J.

CM(M) 352/2019 & CM APPL.9321/2019 (stay)

1. Petitioner impugns order dated 10.07.2018, whereby, application of the petitioner under Section 45 of the Evidence Act has been dismissed.

2. Petitioner/defendant in the suit had filed the subject application inter alia seeking a direction to the respondent/plaintiff to produce the original GPA, Agreement to Sell and receipts all dated 06.12.1978.

3. It was contended that the documents were forged and fabricated and genuineness of the thumb impression of the testator Late Sh. Roopan on the said exhibits was sought to be proved.

4. Learned counsel for the petitioner submits that as per the application of the petitioner, either the documents should have been sent for forensic examination or the originals should have been produced before the Court.

5. Learned counsel appearing for the respondents submits that the original documents were duly produced before the Trial Court at the time of the recording of the evidence of the respondent and the copies of the said documents, after comparison, were exhibited and marked as Exhibit PW1/6 to PW1/8 and no objection was taken by the petitioner with regard to the proof of the