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2007 Supreme(P&H) 63

S.S.NIJJAR, S.S.SARON
Jagdev Singh – Appellant
Versus
Darshan Singh – Respondent


Judgment

S.S.SARON, J.

1. This revision petition has been filed by the defendants-petitioners against the order dated 16-11-1998 passed by the learned Civil Judge (Jr. Divn.), Malerkotla whereby the plaintiffs-respondents have been allowed to examine a handwriting expert in their rebuttal evidence to prove documents, the onus of proof of which was on them.

2. The plaintiffs-respondents filed a suit for permanent and prohibitory injunction restraining the defendants-petitioners from dispossessing them from the land measuring 142 Bighas 10 Biswas, as detailed in the head note of the plaint situated in village Bhoodan, Tehsil Malerkotla, forcibly, illegally and without due process of law; besides for restraining the defendants-petitioners from alienating by way of sale, mortgage, exchange, gift or in any other manner the suit land. During the pendency of the suit, the plaintiffs-respondents, in their rebuttal evidence, prayed for examination of a handwriting expert. It was submitted by the plaintiffs-respondents that their evidence in the affirmative was concluded on 11-3-1998 and they had reserved their right to produce evidence in rebuttal. Jagdev Singh (defendant-1) in his evidence,













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