TULSIRAM Vs. RAJARAM

JUDGEMENT

(1.) The instant petition was listed under caption 'Held up Matters' as by way of interim order passed by this Court on 3/3/2020, the proceedings of Civil Suit giving rise to the instant petition were stayed.

(2.) The petitioners have filed this petition under Article 227 of the Constitution of India questioning the validity of order dtd. 14/2/2020 (Annexure P/1) whereby the trial Court in a pending civil suit had rejected the application filed under Sec. 65 of the Evidence Act, 1872.

(3.) As per the facts of the case, the plaintiffs (respondents herein) filed a suit for partition against the defendants (petitioners herein). The plaintiffs and defendants are the members of same family whose original ancestor was Madari Lodhi and after his death, the ancestral property sought to be partitioned by filing a suit wherein it was claimed that the property also included the property which was purchased from the income of the joint family.