Civil Revision No. 5969 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5969 of 2011(O & M) Date of decision:- 04.10.2011 Mrs. Santosh Gupta and another ...Petitioners Versus State Bank of Patiala and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Pandit Vinod Sharma, Advocate for the petitioners. RITU BAHRI J.(Oral) C.M. No.24362-CII of 2011 Application is allowed and the documents Annexures P-4 to P-7 are taken on record. C.R. No.5969 of 2011 Inter alia contends that vide order dated 20.10.2010 the Additional District Judge, Patiala remanded the case back to the trial Court to dispose it of after affording fresh opportunity to the LRs of Nasib Chand Gupta and they be allowed to file their pleadings and lead evidence to contest the claim of the respondents. Thereafter, on 16.09.2011 the legal representatives had filed the application (Annexure P-2) seeking summoning of Hand Writing Expert for comparison the hand writing of PW6, PW7 and PW8. This application has been rejected vide impugned order dated 19.09.2011 on the ground that it is 20 years old matter and the efforts are being made to delay the decision of the case. Civil Revision No. 5969 of 2011 -2- Since the matter has been remanded back by the Additional District Judge with fresh opportunity and the petitioner did not waste any time in giving the application on the first opportunity. On this ground the application could not have been rejected though the civil suit is pending since 1974. The judgment and decree passed in the suit were questioned before this Court in RSA No.1034 of 2008 when it was remanded to the Appellate Court on the short ground that they were never impleaded as party and were not heard. After remand, the case came to the trial Court. The application does not suffer from any intention of delay. The civil revision is allowed and the impugned order dated 19.09.2011 is set aside by giving an opportunity to the petitioner to summon the Hand Writing Expert subject to payment of cost of Rs.5000/-. October 04, 2011 ( RITU BAHRI ) Vijay Asija JUDGE