MOHINDER SINGH Vs. BHAJAN KAUR

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 12.6.1999 passed by the Addl. Civil Judge (Senior Division), Nawanshahr, who granted the prayer to the petitioner under Order 6 Rule 17 C.P.C. but declined the prayer under Order 18 Rule 17-A C.P.C. For the purpose of disposal of this revision I will quote the facts of application under Order 18 Rule 17-A C.P.C.

(2.) THE case set up by the petitioner before the trial Court was that there was a specific issue No. 5 to the effect whether Udham Singh deceased executed a valid Will in favour of defendant Mohinder Singh. The defendant pleaded that the scribe of the Will had died and its attesting witnesses namely Mohinder Singh and Bhajan Singh were residing out of India and the examination of one of the attesting witnesses of the Will was legally necessary. Earlier the address of witness Mohinder Singh was not in the knowledge of the applicant-petitioner as said Mohinder Singh had returned to India from abroad. According to the petitioner, the examination of Mohinder Singh, attesting witness of the Will, had become necessary for the just decision of the case and he prayed for allowing of the application.

(3.) AFTER considering the rival contentions of the parties, the learned trial Court rejected the prayer of the petitioner under Order 18 Rule 17-A C.P.C. by holding that the suit was instituted in the year 1994 and at the stage of rebuttal and arguments such a permission cannot be granted. Aggrieved by the said order, the present revision by the petitioner.