C.R. No. 414 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 414 of 2011 (O&M) Date of decision : 20.1.2011 Kirpal Singh ......Petitioner Versus Charanjit Kaur and others .......Respondents ***** CORAM: HON'BLE MRS. JUSTICE SABINA Present : Mr. M.S. Sachdev, Advocate, for the petitioner. **** SABINA, J. Plaintiffs-Charanjit Kaur and others had filed a suit for declaration to the effect that the judgment and decree dated 22.8.2003, passed in Civil Suit No.75 of 2002, were illegal and further a declaration had been sought that the plaintiffs are owner in possession of the suit property. At the time of leading evidence, petitioner-defendant No.1 examined a hand writing expert as D.W.4. The said hand writing expert Fateh Chand Sharma, in his examination-in-chief, proved the report Ex.DW4/1. However, in his cross-examination, he also deposed that he had given report Ex.DW-4/X. As per which, his opinion was that signatures of Charanjit Kaur, Gurinder Kaur, Avtar Kaur and Gurjit Kaur were forged. Petitioner moved an application before the trial Court that D.W.4 be declared hostile and the petitioner be allowed to cross-examine the said C.R. No. 414 of 2011 (O&M) 2 witness. Vide the impugned order the said application was dismissed by the trial Court. Hence, the present petition by defendant No.1. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. The witness, examined by the petitioner, proved report Ex.DW-4/1 in favour of the defendants, whereas when he was cross-examined, the said witness also admitted that he had given report Ex.DW4/X giving a contrary opinion. In these circumstances, petitioner could have re-examined the said witness. The petitioner would be at liberty to re-examine the witness after his cross-examination is complete but the said witness could not have been declared hostile. Dismissed. (SABINA) JUDGE January 20, 2011 Anand