AMRIT LAL KAPOOR Vs. KUSUM LATA KAPOOR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal calls in question an order dated 29th March 2006 passed by the High Court of Himachal Pradesh at Shimla whereby an order passed by the trial court closing the evidence of the defendants-appellants herein has been affirmed and C.M.P.M.O. No. 54 of 2006 filed against the same dismissed.

(3.) In a suit for declaration of title and consequential relief in the nature of permanent prohibitory injunction, the defendants-appellants herein have set up a Will allegedly executed in their favour by late Shri Devraj Kapoor, deceased husband of plaintiff-respondent No. 1. After the plaintiff had led her evidence in the suit, the defendants- appellants herein were called upon to adduce evidence in support of their case. While the defendants had yet to conclude their evidence, the parties reported to the Court that they were exploring the possibility of an amicable settlement amongst themselves. The compromise talks did not however fructify in any settlement with the result that on 16th December 2005, the parties reported failure of the attempt made in that direction whereupon the Court directed the defendants-appellants to produce all their witnesses except DW 1, Durga Singh on their own responsibility. The Court further directed that if the defendants failed to produce the evidence as directed the same shall be deemed to have been closed.