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2023 Supreme(P&H) 1272

ALKA SARIN
Sushil – Appellant
Versus
Mohinder – Respondent


Advocates appeared:
Mr. Vivek Singla, Advocate for the petitioner.
Ms. Sharmila Sharma, Advocate for the respondents.

ALKA SARIN, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 07.03.2018 (Annexure P-3) permitting the leading of evidence of a Handwriting Expert in rebuttal by the plaintiff-respondents.

2. Learned counsel for the defendant-petitioner would contend that in the present suit filed by the plaintiff-respondents for joint possession by way of declaration with consequential relief of permanent injunction, the plaintiff-respondents had relied upon a compromise. The defendant-petitioner, in the written statement, had denied that the document bears his signatures. It was also averred in the written statement that the signatures were forged with an intent to prepare a false document. The following issues were framed by the Court on 04.04.2016 and the onus of issue No.1 was cast upon the plaintiff-respondents :

    1. Whether the plaintiff is entitled to a decree for declaration in favour of the plaintiffs to the effect that the plaintiffs are owner in possession of the suit property mentioned in para nos.2 and 5b of the plaint, as prayed for ? OPP

2. Whether the plaintiffs are entitled for a decree of permanent injunction,

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