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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Bhupender Singh – Appellant
Versus
Dropati (Now Deceased) Through Lr – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 06.03.2025 passed by the Civil Judge (Sr.Div.), Bhiwani, vide which the prayer of the petitioner for recording the statement of fingerprint and handwriting expert in rebuttal evidence has been declined.
2. A perusal of the order dated 06.03.2025 would show that the present petitioner had filed an application dated 18.09.2019 for taking specimen handwriting of defendant no.2-Gauri Shankar and vide order dated 18.09.2019, the trial Court had observed that the said application would be taken into consideration at the stage of evidence on behalf of the plaintiff-petitioner. It had further been observed that several effective opportunities were granted to the plaintiff-petitioner to lead his evidence but the plaintiff-petitioner did not opt to press the application for deputing the fingerprint and handwriting expert and on 09.05.2023, the evidence of the plaintiff-petitioner was closed by order. It had further been observed that the order dated 09.05.2023 was challenged by filing Civil Revision before the High Court and the High
The court can direct a party to provide specimen signatures and handwriting for comparison if there is an admission by the party and no prejudice would be caused by such direction.
The court confirmed that once a party has closed its affirmative evidence, it cannot reopen the case in rebuttal unless exceptional circumstances exist, maintaining the integrity of fair trial princi....
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