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2019 Supreme(P&H) 2400

RAJ MOHAN SINGH
Pawan Kumar – Appellant
Versus
Fulla Devi – Respondent


Advocates Appeared:
Mr. G.S. Sirphikhi, Advocate, for the Appellant; Ms. Khushbir K. Bhullar, Advocate, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Petitioner has preferred this revision petition against the order dated 16.05.2018 passed by Addl. Civil Judge (Sr. Divn.) Batala vide which the application filed by the plaintiff/petitioner for permission to cross-examine Fingerprint Expert, Fingerprint Bureau Phillaur on the report dated 24.11.2017 was dismissed.

2. Plaintiff filed a suit for specific performance on the basis of agreement to sell dated 10.04.2012. Defendant/respondent contested the suit on the premise that the agreement to sell does not bear thumb impressions of the defendant and the document, if any in existence is false and fabricated. The suit was contested on other grounds as well.

3. Plaintiff himself filed an application under section 151 CPC for direction to the defendant to appear in Court personally and give her thumb impressions for comparison with the agreement to sell from handwriting and fingerprint expert.

4. In order to arrive at just decision, the trial Court held that the thumb impressions of the defendant was required to be proved by way of comparison of the specimen thumb impressions of the defendant with thumb impressions appearing on the agreement to sell dated 1

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