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2013 YLR 468

Syed MUHAMMAD SHAH vs ADDITIONAL DISTRICT JUDGE FAISALABAD and 2

Citation2013 YLR 468
CourtLahore High Court
Case No.Writ Petition No,675 of 2011
Date2012-02-15
Judge(s)Ch. Shahid Saeed
ResultPetition dismissed

ORDER

' CH. SHAHID SAEED, J.---Learned counsel for the petitioner contends that in a suit for specific performance filed by respondent No,2 on the basis of an agreement to sell, written statement was filed and" issues out of pleadings of the parties were framed. Then the respondent filed an application for comparison of signatures of the execution of the alleged agreement to sell with certain documents mentioned in the application. Learned counsel maintains that earlier comparison of signatures of the executant was done by Forensic Science Laboratory and according to the report of said Laboratory; the specimen signatures of the executant/ petitioner did not match with those present on the alleged agreement to sell. The sole grievance of the petitioner agitated before this Court is that the alleged agreement to . Sell has yet to be proved by the plaintiff through cogent evidence and since the comparison has already been done, therefore, at this stage, the second comparison will serve no useful purpose but frustrate the proceedings of the trial Court. Learned counsel submits that the trial Court had rejected the application in question while the learned revisional court allowed the same which is illegal and without any lawful authority.

2. On the other hand, learned counsel for the respondent states that in order to dig out the truth, comparison of signatures of executant of agreement to sell is essential.

3. Arguments heard. Record perused.

4. Though the comparison has already been conducted by the Forensic Science Laboratory but the second comparison is not barred under the law and may be done keeping in view the requirements of the case. I am in consonance with the observation of learned revisional court that there is no harm in second comparison of signatures. The case is still at initial stage and the evidence is yet to be recorded by the learned trial Court. The respondent/plaintiff is directed to submit agreement to sell in original before the trial Court so that the defendant may also look into the same. Thereafter, the learned trial Court shall get comparison of signatures of the executant with the documents mentioned in the application filed by the respondent= plaintiff for the purpose.

5. Viewed above, this writ petition is without any force which is accordingly dismissed.

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