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A-61
% 18.07.2011
Present: Mr. R.K. Sharma, Advocate for the petitioner.
+ CM (M) No.809/2011 & CM Nos.12755-56/2011
*
The order impugned before this Court is the order dated
30.03.2011. By virtue of this order, the application filed by defendant No. 1 under Section 45 of the Indian Evidence Act had been dismissed. The impugned order records that issues had been framed and plaintiff's evidence has been closed. Admittedly, the defendant has yet to come into the witness box. The Court has given a suggestion to learned counsel for the petitioner/defendant
No. 1 that he can produce the report of the handwriting expert in his evidence. His contention is that to obtain a report of the handwriting expert, the photographs of the admitted and disputed documents have to be obtained from the court record.
In view of the aforenoted submission as also the fact that the defendant has yet to come into the witness box, the prayer made before this Court that the defendant be permitted to take the photographs of the admitted and disputed documents from the court record is allowed. This prayer is not strictly in conformity with the prayer made in the application under Section 45 of the
Indian Evidence Act which was filed before the trial court yet in view of the arguments addressed before this Court today this
2011:DHC:7823 petition is allowed. A copy of this order be sent back to the trial court for information and necessary com
INDERMEET KAUR, J.
JULY 18, 2011 a
2011:DHC:7823
% 18.07.2011
Present: Mr. R.K. Sharma, Advocate for the petitioner.
+ CM (M) No.809/2011 & CM Nos.12755-56/2011
*
The order impugned before this Court is the order dated
30.03.2011. By virtue of this order, the application filed by defendant No. 1 under Section 45 of the Indian Evidence Act had been dismissed. The impugned order records that issues had been framed and plaintiff's evidence has been closed. Admittedly, the defendant has yet to come into the witness box. The Court has given a suggestion to learned counsel for the petitioner/defendant
No. 1 that he can produce the report of the handwriting expert in his evidence. His contention is that to obtain a report of the handwriting expert, the photographs of the admitted and disputed documents have to be obtained from the court record.
In view of the aforenoted submission as also the fact that the defendant has yet to come into the witness box, the prayer made before this Court that the defendant be permitted to take the photographs of the admitted and disputed documents from the court record is allowed. This prayer is not strictly in conformity with the prayer made in the application under Section 45 of the
Indian Evidence Act which was filed before the trial court yet in view of the arguments addressed before this Court today this
2011:DHC:7823 petition is allowed. A copy of this order be sent back to the trial court for information and necessary com
INDERMEET KAUR, J.
JULY 18, 2011 a
2011:DHC:7823
JUDGMENT