Punjab-Haryana High Court
Pritam Singh And Another vs Lakhvir Singh And Another on 17 January, 2014 Saluja Mukesh Kumar
HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH
RSA NO.231 of 2014 (O&M) Date of decision:17.1.2014
Pritam Singh and another …Appellants
Versus
Lakhvir Singh and another …Respondents
CORAM: HON’BLE MR. JUSTICE RAMESHWAR SINGH MALIK
However, defendants have examined Anil Kumar Gupta (DW-5) as Handwriting and Fingerprint Expert, who compared and examined the disputed signatures of Gurmit Singh, Naib Tehsildar appearing on affidavit Ex.P2, with his standard admitted signatures. This expert witness submitted his report and stated that the disputed signatures were not similar in writing characteristic with the standard signatures. He further opined that the disputed signatures were not by the same person who has put the standard admitted signatures. It has been amply proved on record by way of overwhelming and well convincing evidence produced by the defendants-respondents, that it was only the defendants who were always ready and willing to perform their part of contract. The plaintiff was never ready and willing to perform his part of contract, while trying to over reach the court and withheld the best evidence available to him. Further, there was expert opinion against him. Although, expert report proved by DW5 as Handwriting and Fingerprint Expert would not be a conclusive proof in itself, yet when it is examined and appreciated in the context of attending circumstances of the case, it becomes clear that the plaintiff has unsuccessfully tried to play smart, to show that he was ready and willing to perform his part of contract. However, the plaintiff failed to prove his case in this regard.