YOGENDRA BALLABH SHARMA Vs. RADIANT INFOTAINMENT PVT. LTD.

JUDGEMENT

(1.) By way of present petition the petitioners-plaintiffs have called into question the order dtd. 28/10/2025 passed by the trial Court whereby the trial Court has rejected an application under Sec. 151 CPC r/w Sec. 168 Bharatiya Sakshya Adhiniyam (for short 'BSA') filed by the petitioners-plaintiffs for calling the attesting witnesses of the alleged Will in favour of the petitioners-plaintiffs.

(2.) The necessary facts for the purpose of disposal of this petition are that the petitioners-plaintiff have instituted a suit against some persons including the legal representatives of deceased brother of Plaintiff No.1 seeking the relief of cancellation of sale deed and declaration of title inter alia on the basis of Will alleged to be executed by deceased mother of Plaintiff No.1 in his favour.

(3.) In the aforesaid suit, the plaintiff evidence was going on and the plaintiff declared his evidence closed on 7/4/2025 after examination and cross-examination of last plaintiff witness namely Pratap Ahirwar and Kunwar Singh were conducted. There is a specific averment mentioned in the order sheet dtd. 7/4/2025 that the plaintiff counsel stated that no further evidence is required to be tendered. Therefore, the Court fixed the case for defendant evidence.