GIRISH CHAND VERMA AND ANOTHER v. ARVIND KUMAR AND 2 OTHERS
CLRE/15/2023 · 2025-08-05
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9865 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9865 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:132940 Court No. - 9 Case :- CIVIL REVISION No. - 15 of 2023 Revisionist :- Girish Chand Verma And Another Opposite Party :- Arvind Kumar And 2 Others Counsel for Revisionist :- Pankaj Agarwal Counsel for Opposite Party :- Aditya Singh Parihar,Gaurav Dwivedi Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This revision has been filed against the order dated 17.11.2022 passed by Civil Judge (Sr.Div.) F.T.C., Agra, rejecting the application of the revisionist for getting the signatures compared on power of attorney relied upon by the plaintiff with the admitted signatures of the revisionist.
3. According to the revisionist who is defendant in the suit, he has never executed any power of attorney and the sale deed is alleged to have been executed by the power of attorney.
4. It has been contended by learned counsel for the revisionist that in the plaint there is no mention that the alleged sale deed has been executed through power of attorney by the defendant and this fact has straightaway came while the affidavit of evidence of PW-1 was filed and therefore, the revisionist filed the application for examining the signatures which has been erroneously rejected.
5. Learned counsel for the respondent though opposed the prayer of the petitioner but conceded that it is correct to say that the factum of sale deed being executed by the power of attorney for the first time came in the light in the affidavit of evidence of PW-1.
6. In view of these facts, the order impugned cannot be sustained, hence, the order dated 17.11.2022 is hereby set aside.
7. The civil revision is allowed.
8. The Civil Judge (Sr. Div.), F.T.C.,Agra, is directed to reconsider the application of the plaintiff for examination of his signatures over power of attorney, expeditiously, preferably within a period of six weeks, in accordance with law, before proceeding further in the suit. Order Date :- 6.8.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad