123 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 25.08.2025 VARINDER PAL SINGH ......PETITIONER Vs.

VINOD KUMAR AND OTHERS .........RESPONDENTS CORAM: HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. Baltej Singh Sidhu, Senior Advocate, with Mr. Chandan Singh, Mr. Robin Singh Bhullar and Mr. Divij Datt, Advocates, for the petitioner.

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AMARINDER SINGH GREWAL, J.

1. Prayer in the present Civil Revision Petition, filed under Article 227 of the Constitution of India, is for setting aside the impugned order dated 04.08.2025 (Annexure P-13), passed by the learned Civil Judge (Junior Division), Chandigarh, in Civil Suit No. CS CJ/2065/2016, titled Varinder Pal Singh vs. Vinod Kumar and others, whereby the application filed by the petitioner-plaintiff seeking permission to examine a Handwriting Expert in rebuttal evidence and further to permit the said Expert to take photographs of the admitted signatures as well as the signatures on the settlement dated 02.07.2013 (Annexure P-2), already exhibited on the case file, has been dismissed.

2. Brief facts of the case are that the petitioner-plaintiff, Varinder Pal Singh, son of Joginder Singh, has filed a suit for recovery of Rs.10,88,000/-, i.e. a sum of Rs. 8,00,000/- as principal amount and Rs.

2,88,000/- as interest calculated @ 12% per annum w.e.f. 01.12.2013 till the date of filing of the suit, along with future interest @ 12% per annum till its realization, on the basis of oral and documentary evidence, against the respondents-defendants Vinod Kumar and others.

2.1 It is submitted that the petitioner-plaintiff is a retired Government servant. The petitioner-plaintiff became a sufferer at the hands of respondents-defendants No. 1 to 3, who, with their joint acts, retained the suit amount of the plaintiff and deprived him of his own funds, which they refused to return. The said amount was extracted by the defendants from the plaintiff by giving false promises and assurances, and by their joint acts and conspiracy. The defendants forged and fabricated documents and misappropriated the same in order to fulfil their evil designs and motives.

2.2 Defendant No. 2, Karamveer Walia, was previously known to the plaintiff and introduced defendant No. 1 to him. Defendant No. 1 claimed to be a property dealer who could help the plaintiff invest funds in profitable deals. Both defendants No. 1 and 2 started frequently visiting the house of the plaintiff. Thereafter, defendants No. 1 and 2 convinced the plaintiff that they had a good property deal in Village Gnaura, Tehsil Bilaspur, District Yamuna Nagar (Haryana). They further stated that defendant No. 4, Sanjeev Kumar, held the full payment agreement of the property. They claimed that if the plaintiff invested, he would earn substantial profits. It is also stated that defendant No. 3, Dharamvir, had agreed to purchase the land.

2.3 On account of this inducement, the plaintiff invested his retirement funds for purchasing 29 kanals and 6 marlas of land, out of a total of 87 kanals, situated in Village Gnaura, Tehsil Bilaspur, District Yamuna Nagar, from defendant No. 4, Sanjeev Kumar. The defendants told the plaintiff that the agreement to sell should be executed in the name of the plaintiff along with defendant No. 2, Karamveer Walia, so that the property could thereafter be disposed of by them after purchase, by securing huge profits.

2.4 A token amount of Rs. 90,000/- was paid by the plaintiff as advance money on 15.07.2011, and it was agreed that the remaining earnest money would be paid at the time of execution of the agreement to sell (Ikrarnama) in favour of the plaintiff along with defendant No. 2, Karamveer Walia. Accordingly, an agreement to sell was executed on 25.07.2011 with defendant No. 4, Sanjeev Kumar, for the purchase of land, wherein the consideration was settled at Rs. 8,10,000/- per acre. The plaintiff thereafter paid a sum of Rs. 14,10,000/-, in addition to Rs. 90,000/- already paid by him to de