WPMS/3395/2025
2025 Latest Caselaw 5933 UK

Uttarakhand High Court

WPMS/3395/2025 on 8 December, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
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                                  WPMS No.3395 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Harshpal Sekhon and Mr. Basant Singh, learned counsel for petitioner- defendant.

2. By means of the present writ petition, petitioner-defendant has challenged the judgment and order dated 01.04.2025 passed by learned Civil Judge (Sr. Div.), Kashipur, District Udham Singh Nagar, in Civil Case No.137 of 2018 Rampal Singh Vs. Jaidev Singh, whereby, the application 87ga filed by the petitioner-defendant to examine his signature through handwriting expert, has been rejected; as well as the order dated 12.09.2025 passed by learned First Additional District Judge, Kashipur, District Udham Singh Nagar, in Civil Revision No.11 of 2025 (12/2025) Jaidev Singh Vs. Rampal Singh, whereby, the said revision petition filed by petitioner- defendant has also been rejected.

3. It is contended by learned counsel for petitioner-defendant that an application 87ga has been moved by petitioner- defendant for sending the signature of petitioner-defendant, on the receipt of money, on the basis of which, the civil suit was filed, to handwriting expert, but the said application was rejected.

4. It is the case of the petitioner- defendant from the outset that the receipt does not contain his signature and until and unless the signature is proved to be that of the petitioner-defendant, the basis of the suit is lacking.

5. Having considered the submission made by learned counsel for the petitioner-defendant, this Court prima facie finds substance in the submission made by learned counsel for the petitioner-defendant. The matter requires some deliberation.

6. Issue notice to respondent returnable within four weeks.

7. Steps to be taken within 03 days.

8. Put up on 18.02.2026.

9. Till the next date of listing, the proceedings of Original Suit No.137 of 2018 Rampal Singh Vs. Jaidev Singh, pending in the Court of learned Civil Judge (Sr. Div.), Kashipur, District Udham Singh Nagar, shall remain stayed.

10. Interim relief application (IA/1/2025) stands disposed of.

(Pankaj Purohit, J.) 08.12.2025 PN