C.R. No.482 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.482 of 2008 Date of Decision: 29.2.2008 Babu Ram and others .....Petitioners Vs. Kaidarnath ...Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.V.P. Singh, Advocate for the petitioners. ... RAJIVE BHALLA, J (Oral) The petitioner prays for setting aside the order dated 22.11.2007 passed by the Civil Judge (Senior Division), Rewari, whereby the petitioner's application for production of additional evidence has been dismissed. Counsel for the petitioners submits that the suit for recovery of money is primarily based upon a pronote and a receipt which bear the signatures of Kaidarnath-respondent. The petitioner's prayer for leading evidence of a hand writing expert arose after Kaidarnath stepped into the witness box as DW-1 and denied his signatures on the pronote and the receipt. It is submitted that in this view of the matter, the learned Court below is not justified in dismissing the application for additional evidence. Despite service, no one has put in appearance on behalf of the respondent. I have heard learned counsel for the petitioners and perused the C.R. No.482 of 2008 2 impugned order. The learned trial Court was not wrong in observing that evidence required to be produced in the affirmative, cannot be adduced in rebuttal. However, in the present case, as asserted by counsel for the petitioner and as is apparent from a photocopy of the cross-examination of DW-1, Kaidarnath recorded on 10.3.2007, Kaidarnath denied his signatures on the pronote Ex.PW-1/B and the receipt Ex.PW-1/C and, therefore, gave rise to a cause to the petitioners, to pray for an opportunity, to lead the evidence of a handwriting expert, so as to establish that the signatures appearing on the pronote and the receipt were of Kaidarnath. In view of what has been stated herein above, the revision petition is allowed and the order of the learned trial Court dated 22.11.2007 is set aside. The petitioners would be allowed, to lead evidence of a handwriting expert, so as to compare the admitted signatures of the respondent with the signatures appearing on the pronote and the receipt, subject, however, to payment of Rs.2,000/- as costs. 29.2.2008 ( RAJIVE BHALLA ) GS JUDGE