CMPMO No.126 of 2009. 29.04.2009 Present: Mr.Ramakant Sharma, Advocate, for the petitioner. Ms.Jyotsna Rewal Dua, Advocate, for the respondents. The defendant has aggrieved by the order passed by the learned Civil Judge(Junior Division), Paonta Sahib on an application filed under Section 45 of the Evidence Act praying for comparison of the signatures of the parties who are signatories to Ex.DW-4/A. The learned Court dismissed the application holding that the document came to be executed by Jagdish Ram and Gurdas Ram in their capacity as tenants and they were, as such, not competent to transfer the land by the agreement. The Court also holds that the defendant-petitoner had availed an opportunity to put these documents to the witnesses and therefore in these circumstances, no relief can be granted. This is not correct way for approaching the case. The observation that the agreement Ex.DW-4/A came to be executed by Jagdish Ram and Gurdas Ram in their capacity as tenants was not at all necessary for the decision of the application but has been made on the merits of the case. This observation shall stand deleted from the order. The learned Court shall proceed further in the case totally uninfluenced by these observations. On the second aspect of the matter, it will be open to the Court to compare the signatures, thumb impressions on the documents and thereafter to send the documents for comparision of signatures etc., if deemed necessary. It will also be open to the defendant herein to urge in appeal that the rejection of the application for comparison of signatures has prejudiced this case. This petition is disposed of accordingly. There shall be no order as to costs. All miscellaneous applications are disposed of. April 29, 2009 (Dev Darshan Sud) (aks) Judge.