1995 (1) TMI 411

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..... suit for specific performance of agreement dated 6.9.1990 executed by the defendant- petitioner (hereinafter referred to as 'the Petitioner') for sale of a shop situate at G.T. Road, Near Civil Hospital, Jalandhar. Petitioner denied the execution of the agreement dated 6.9.1990 and further averred that the same was a result of a fraud. Keeping in view the pleadings of the parties, issue No .....

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..... itioner i.e. (i) in rebuttal neither the handwriting expert nor any other evidence could be allowed to be produced as the onus was on the plaintiff-respondent to prove due execution and passing of the consideration of the agreement to sell and; (ii) even otherwise of the plaintiff-respondent had failed to place on record the original agreement, which allegedly bears the signatures of Surjit Rai, p .....

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..... d from one document and put on another document by super imposition. 5. Accordingly the impugned order, is upheld to the extent that the plaintiff respondent shall be within his right to lead his evidence by way of rebuttal to examine a Hand Writing Expert but for that the original agreement has to come on record. If the original agreement comes on the record, after taking its formal pro .....

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