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Thursday, March 11, 2010

Rebuttal Evidence--Suit for possession by way of agreement to sell

2010(1) LAW HERALD (P&H) 263
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L.N. Mittal
Civil Revision No.3696 of 2008
Malkhan Singh & Ors.
v.
Ram Pal
{Decided on 11/01/2010}
For the Petitioner: Mr. B.B.Kaushik, Advocate.
For the Respondent: Mr. Rajinder Goyal, Advocate.
Civil Procedure Code, 1908, O.18, R.3--Specific Relief Act, 1963--Rebuttal Evidence--Suit for possession by way of agreement to sell--Defendants in their evidence got agreement in question and receipt examined through handwriting expert--Plaintiff in rebuttal evidence wanted to examine handwriting expert to depict that signatures of defendant no.1 on agreement in question tallied with his signatures on same receipts produced by defendant no.1 himself who admitted his signatures therein--Receipts in question on which defendant no.1 admits his signatures were neither pleaded in written statement nor produced during evidence of plaintiff--Proposed evidence by plaintiff in rebuttal allowed to be led subject to payment of cost to defendant. (P.7, 10 & 11)