IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 108 of 2022 Decided on: 21.05.2025 ____________________________________________________ Nirmala Tanwar and others ……….. petitioners Versus Jiwan Malik and another ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioners : Mr. Sudhir Thakur, Sr. Advocate, with Mr. Somesh Sharma, Advocate. For the respondents : Mr. Vipin Pandit and Mr. Dinesh Kumar, Advocates. ____________________________________________________ Bipin Chander Negi, Judge (oral) The present petition has been preferred against the impugned order dated 18.2.2022, whereby an application under Section 45 of Indian Evidence Act filed by the present petitioner for referring the signature of late Sh. R.P. Malik for comparison of an expert, has been dismissed. 2. Heard counsel for the petitioner. Perused the pleadings. 3. In the case at hand, pension record pertaining to late Sh. R.P. Malik has been exhibited as Exhibit PW-10/A to PW- 10/P, however, these documents have been objected to by the present respondents/defendants before the trial Court. Besides 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 the aforesaid, plaintiff/present petitioners have placed on record signatures of late Sh. R.K. Malik Exhibit PW-1/K1 to K9, which are counterfoil of the cheque stated to have signed by late Sh. R.K. Malik. The signatures thereupon have also been objected to by the respondents/defendants. 4. The purpose for bringing on record the aforesaid documents was to place on record documents which are admitted to have been signed by late Sh. R.P. Malik. Since the same have been objected to the said objection is to be determined at the time of final hearing of the matter. It goes without saying that if the objection is not sustained then signatures made on exhibit PW- 10/A to PW-10/P & Exhibit PW-1/K1 to K9 can be compared with the signatures alleged to have been made by late Sh. R.K. Malik on the agreement in the case at hand as Exhibit PW-1/R. The same can be done in terms of Section 73 of the Indian Evidence Act. 5. In view thereof, present proceedings are closed. Parties are directed to appear before the trial Court on 3rd of June, 2025. Records be sent back forthwith to the trial Court. Pending miscellaneous applications, if any, also stand disposed of. (Bipin Chander Negi) Judge May 21, 2025 tarun