Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Application for comparison of thumb-impression and signatures--Dismissed--Completion of evidence--Jurisdictional defect--Challenge to--Order for allowing or declining such comparison at stage of rebuttal evidence, when such request had not been made at time of leading examination of witnesses was discretionary with Court and such exercise of jurisdiction by declining such prayer does not fall within ambit of jurisdictional defect--Order could, however, be challenged by petitioner as an additional ground while challenging final order/ /decree passed by Court in case same is against petitioner--At this stage, there is no ground to interfere in order passed by said Court--Civil revision was disposed of. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, JUSTICE---.--- Through this Civil Revision, the petitioner/plaintiff in the recovery suit, has called in question the order dated 11.10.2018 passed by learned Addl. District Judge, Bahawalnagar, whereby his application for comparison of thumb impressions and signatures of the Respondent No. 1 on the pronote and receipt produced as Ex.P1 and Ex.P2 by the petitioner in evidence to support his claim has been dismissed by the said Court by observing that the petitioner has already completed his evidence and after recording of evidence of the other party in rebuttal has for the first time prayed for comparison of the thumb impressions, signatures of the Respondent No. 1 on the…

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