Application under section 151 CPC for seeking
directions to the forensic laboratory to also examine
and give their report regarding the age of alleged
signature of Mrs. Molina Batra appearing on the said
agreement to sell and the age of the paper on which
the alleged agreement to sell is printed.
Most Respectful showeth:
1. That the applicant is the plaintiff in the above noted case and is
conversant with the fact of the case.
2. That the defendant Sanjeev Malhotra had moved an application before the
court of examination of the signatures of Mrs. Molina Batra on the
agreement to sell alleged to have been executed on 19.08.2002 along with
the admitted signature on the documents.
3. This Hon’ble court was pleased to dismiss the said application.
4. That the defendant no. 1 Sanjeev Malhotra assailed that the order vide
CM(M) 264/2023 which was disposed of vide order dated February 2023
and it was directed that the signature be sent to forensic science
laboratory for scientific evaluation of the signature. Would require the
determination of the age of the signature i.e., period when alleged
signature were put on the paper as well as an examination of the age of
paper of agreement to sell with the papers of the admitted signatures as
all of them are stated to be of the same date.
5. The determination of said issues and scientific opinion regarding the
same is necessary for just and proper adjudication of the case.
6. That no prejudice is likely to be caused to defendant no. 1 if the forensic
science laboratory is directed to determine the age of the paper on which
the alleged agreement to sell has been executed and the age of the
signature on the alleged agreement to sell as well as comparison of the
pages on which the same are printed.
Prayer:
It is therefore, most respectful prayed that this Hon’ble court be pleased
to also direct the forensic science laboratory to determine the age of the
paper on which the agreement to sell is executed and the age of the
signatures on the said alleged agreement to sell. It is further prayed that
the age of the papers of the admitted documents and the age of signatures
of admitted document, as well as age of paper and its comparison wwith
age of the papers of admitted documents may also be determined for the
purpose of the comparison of the said documents. So that the truth comes
out.
Any other further relief which this Hon’ble court may deem
fit and proper be passed in favors of the plaintiff and against the
defendant.
Plaintiff/ Applicant
Through
Advocate Pooja Chauhan
