Civil Revision No. 6420 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6420 of 2011 Date of decision:- 19.10.2011 Kamaljit Kaur ...Petitioner Versus Gurdev Singh and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sarju Puri, Advocate for the petitioner. RITU BAHRI J.(Oral) Challenge is to the order dated 08.9.2011 (Annexure P-4) passed by the Civil Judge (Junior Division), Phagwara whereby the application of the petitioner-defendant seeking permission for comparison of signatures has been declined. Vide order dated 5.1.2011 (Annexure P3) the Civil Judge (Junior Division), Phagwara had allowed the application of the petitioner to lead additional evidence by summoning the Hand-writing Expert on payment of Rs.5000/- as costs. Subsequently, the petitioners-defendants Nos.1 and 2 sought to lead their additional evidence before the trial Court and after consuming few dates i.e. 19.2.2011, 21.3.2011, 20.7.2011 and eventually on 09.8.2011 cross-examination of DW1-Kulbir Singh was completed. A formal application was moved on 26.8.2011 to Civil Revision No. 6420 of 2011 -2- enable the petitioner to call the Hand Writing Expert for examining the signature of their mother on the Will. The application was moved as per order dated 5.1.2011 whereby permission had been granted by the Court to the petitioner to call the Hand Writing Expert as the sole surviving witness of the Will was in Canada and could not visit India. This application has wrongly been disallowed by the Court of Civil Judge (Junior Division) as it amounts to reviving of the order dated 5.1.2011. The order dated 08.9.2011 (Annexure P-4) is set aside to the extent that it has disallowed the petitioner to call Hand Writing Expert. The Trial Court is directed to give one opportunity to the petitioner to summon the Hand Writing Expert as ordered by the Civil Judge (Junior Division) in his order dated 05.1.2011. October 19, 2011 ( RITU BAHRI ) Vijay Asija JUDGE