Civil Revision No. 2716 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 2716 of 2010 (O&M) Date of decision:- 05.10.2011 Sanjay Singal (minor) and others ....Petitioners Vs. The Union of India and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Ashish Aggarwal, Advocate, for the petitioners. Mr. Naveen Chopra, Advocate, for respondent Nos. 1, 3, 4 & 5. Mr. Arun Bakshi, Advocate, for respondent No.2. A.N. JINDAL, J (ORAL) This petition assails the order dated 12.03.2010 (Annexure P-5) passed by the Civil Judge (Junior Division), Karnal, dismissing the application filed by the plaintiffs-petitioners (hereinafter referred as 'the petitioners') under Order 10 Rule 2 CPC for directing defendant No.2-Jagdev Mittal, then Sub Post Master, Taraori, to give his specimen handwriting/signatures and for his examination in the Court. Mere to direct defendant No.2-Jagdev Mittal to furnish his handwriting and signatures for comparison in a case of fraud, does not amount to creating evidence by the Court. However, it is the duty of the Court to collect evidence, whichever is produced by the parties. Civil Revision No. 2716 of 2010 (O&M) 2 In this view of the matter, this petition is accepted; the order dated 12.03.2010 (Annexure P-5) is set aside; the application (Annexure P-4) filed by the petitioners before the trial Court for directing defendant-respondent No.2 Jagdev Mittal to give his specimen handwriting and signatures for comparison by an Expert, is allowed. However, on refusal to give the specimen handwriting and signatures, the Court cannot compel, but adverse inference could be drawn against him and the trial Court is directed to conclude the evidence of the petitioner by 31.03.2012. (A.N.JINDAL) October 05, 2011 JUDGE ajp