In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 5291 of 2008 Date of decision: March 27, 2009 Labh Singh .. Petitioner Vs. Sukhpal Kaur and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Sandeep Jasuja, Advocate for the petitioner. Mr. A.K. Khunger, Advocate for the respondents. A.N. Jindal, J The petitioner has challenged the order dated 25.8.2008 (Annexure P-3) passed by the Civil Judge (Jr. Division), Fazilka, whereby his application for allowing him to compare the signatures on the mortgage deed dated 8.6.1981 has been declined. Admittedly, there was no such issue on the record with regard to which the petitioner could lead the rebuttal evidence. Learned counsel for the petitioner has contended that the plaintiff and the defendant Kulwant Singh mortgaged the land measuring 51 kanals 8 marlas situated in the revenue estate of village Bhanger Khera Achadiki Tehsil Abohar and the defendant has denied the said mortgage deed, as such, he wants to compare the signatures on the alleged mortgage deed and the admitted signatures on the power of attorney and the written statement in order to prove that he had executed the mortgage deed. As a matter of fact, besides issue with regard to maintainability of the suit, there is only one issue to the effect that “whether the plaintiff is entitled to declaration as prayed for”, the onus of which was on the plaintiff and the plaintiff had led evidence of his choice at his turn. Expert could not be examined in rebuttal to that issue. However, learned counsel for the petitioner has stated that if mortgage deed is Civil Revision No. 5291 of 2008 -2- *** established then plea of exchange set up by the defendant would be refuted thereby the issue No.1 would be decided in his favour. In such a situation, the petitioner-plaintiff instead of leading evidence in rebuttal could apply for additional evidence. Resultantly, this petition is dismissed with the liberty to the petitioner to move afresh application for leading additional evidence in accordance with law. March 27, 2009 (A.N. Jindal) deepak Judge