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VIKAS BAHL
Beer Kaur through her GPA Smt. Sukhwinder Kaur – Appellant
Versus
Kuldeep Singh – Respondent
JUDGMENT :
Vikas Bahl, J.
1. Present revision petition has been filed by the defendant under Article 227 of the Constitution of India for setting aside the impugned order dated 13.09.2024 (Annexure P-7) whereby the application under Section 45 read with Section 73 of the Indian Evidence Act along with Section 39(1), 72 of The Bharatiya Sakshya Adhiniyam, 2023 (hereinafter referred to as ‘2023 Act’) for granting permission for comparison of thumb impressions of the petitioner Beer Kaur and signatures of her attorney Sukhwinder Kaur has been allowed by the trial Court.
2. Brief facts of the case are that the respondents-plaintiffs (hereinafter referred to as ‘the plaintiffs’) had filed a suit for specific performance of the agreement to sell dated 04.05.2018 which as per the case of the plaintiffs was executed by the defendant/petitioner (hereinafter referred to as ‘the defendant’) in favour of the present respondents/plaintiffs with respect to land measuring 49 kanals 10 marlas. In the plaint, it was stated that the defendant had agreed to sell the land in question in favour of the plaintiffs for a total consideration of Rs.54,00,000/- and at the time of the execution of the agreement
The court upheld the trial court's decision to allow additional evidence for thumb impression comparison, emphasizing the necessity of expert opinion in determining the authenticity of documents in s....
The court emphasizes that additional evidence can only be admitted if justified; belated applications to cover previous omissions are generally not permitted unless no objection is raised regarding a....
The right to lead evidence in rebuttal is limited by the onus of proof on the party seeking to lead such evidence, and the provisions of the Civil Procedure Code must be followed as they are, regardl....
Point of Law : Suit for specific performance and permanent injunction – Agreement of Sale - non mentioning of the correct survey number in the agreement of sale cannot be held to be due to inadverten....
The central legal point established in the judgment is the importance of readiness and willingness in a suit for specific performance, the burden of proof, and the futility of baseless arguments.
The court upheld the discretion to deny specific performance when serious doubts exist regarding the execution or genuineness of an agreement and recognized the rights of bona fide purchasers.
High Court under Article 227 of the Constitution of India cannot assume unlimited prerogative to correct all species of hardship or wrong decisions. It must be restricted to cases of grave derelictio....
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
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