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Sheo NaraIn and anr. Vs. Rawat and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtPunjab and Haryana High Court
Decided On
Case NumberCivil Revn. No. 1284 of 1984 and Civil Misc. No. 2305-CII of 1984
Judge
Reported inAIR1986P& H174
ActsEvidence Act - Sections 45 and 73
AppellantSheo NaraIn and anr.
RespondentRawat and ors.
Cases ReferredGuru Nanak Construction Company v. Jai Bharat
Excerpt:
.....finality and may adversely affect a valuable right of a party or decide an important aspect of a trial in an ancillary proceeding. amended section 100-a of the code clearly stipulates that where any appeal from an original or appellate decree or order is heard and decided by a single judge of a high court, no further appeal shall lie. even otherwise, the word judgment as defined under section 2(9) means a statement given by a judge on the grounds of a decree or order. thus the contention that against an order passed by a single judge in an appeal filed under section 104 c.p.c., a further appeal lies to a division bench cannot be accepted. the newly incorporated section 100a in clear and specific terms prohibits further appeal against the decree and judgment or order of a single judge..........order of the trial court, declining the request of the plaintiff for obtaining the specimen thumb impressions of the defendant for comparison with the disputed thumb impressions on an application. in turning down this prayer, the trial court observed. 'the court can direct any of the parties to give his specimen thumb impression or the handwriting as the case may be but this power is limited for the satisfaction of the court and not beyond that'. it was further stated, 'this court cannot direct any of the parties to give the specimen thumb impressions or the handwriting as the case may be for the purpose of evidence of any of the parties.'2. the fallacy in the reasoning adopted by the trial court is brought out by the judgment of the division bench in guru nanak construction.....
Judgment:
ORDER

1. What has been challenged in this Revision Petition is the wholly untenable order of the trial Court, declining the request of the plaintiff for obtaining the specimen thumb impressions of the defendant for comparison with the disputed thumb impressions on an application. In turning down this prayer, the trial court observed. 'the Court can direct any of the parties to give his specimen thumb impression or the handwriting as the case may be but this power is limited for the satisfaction of the Court and not beyond that'. It was further stated, 'this Court cannot direct any of the parties to give the specimen thumb impressions or the handwriting as the case may be for the purpose of evidence of any of the parties.'

2. The fallacy in the reasoning adopted by the trial Court is brought out by the judgment of the Division Bench in Guru Nanak Construction Company v. Jai Bharat steel Rolling Mills Jaitu, 1976 Cur LJ (Civ) 447, where after setting out the provisions of Ss. 45 and 73 of the Evidence Act, it was observed, the bare reading of both these provisions how that the court has been empowered to direct any person to give specimen signature or handwriting with a view to get the same compared with the disputed ones. This power may be exercised by the Court for its own satisfaction or even on an application being made by any party to the proceedings. If these section are interpreted to mean that this can only be done by the Court for its own satisfaction that would be to perpetuate injustice.'

3. There can, thus, be no manner of doubt that the Court was indeed empowered to call upon a party to give his specimen thumb impressions and this request could not be declined merely on the ground that it had been made by a party to the litigation and could be used as evidence by such party.

4. The impugned order of the trial Court is accordingly hereby set aside and the Court is directed to deal with the application in accordance with law.

5. This Revision Petition is accordingly allowed with costs. Counsel's fee Rs. 200/-.

Petition allowed.


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