RAM CHANDER Vs. RAJ BALA

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 3.2.2020 (Annx.P1), passed by learned Additional Civil Judge (Senior Division), Fatehabad, whereby the application moved by the petitioners seeking permission to lead secondary evidence has been rejected.

(2.) The pedigree table has been produced on a sheet of paper, in the Court today by learned counsel for the petitioners for assistance on the contention regarding the Will No.92 dated 19.12.1973, executed by late Ami Chand, in favour of Ram Partap his adopted son and son of his brother Narsi. Het Ram had two sons, namely, Narsi and Ami Chand. Narsi was married and had four sons and two daughters. The eldest was Ram Partap. Ami Chand was a bachelor and died issueless on 22.6.1991. In his life time, Ami Chand adopted Ram Partap, son of his brother Narsi according to the associated rituals and ceremonies of giving and taking the boy in adoption.

(3.) The petitioning defendants, who are the offspring of late Narsi, plead and assert in their written statement filed to contest the suit filed by the plaintiffs [at page 39-40 of the paper-book], the latter claiming rights in the property of Narsi by denying adoption, that the entire circumstances regarding the adoption was in accordance with law. As a result, Ram Partap became the son of Ami Chand. Ram Partap married Sajna who bore him three sons and two daughters. His wife Sajna died. At this stage no comment can be made on this issue in revision.