MOHINDER SINGH Vs. RAM KAUR

JUDGEMENT

(1.) An undertaking has been given by the learned counsel for the revision-petitioners that he will examine the witnesses, namely, Amarjit Singh and Ajit Singh on the date to be fixed by the trial Court, at his own risk and responsibility. It is stated that earlier the witnesses could not have been examined as it was only on December 13, 1989 that the original Will was produced in the Court and the attesting witnesses could have been examined only after that.

(2.) The learned counsel for the respondents strongly opposed the prayer made by the counsel for the petitioners inter alia contending that the suit was filed as far back as 1985 and the onus of all the issues was on the defendants and the defendants for a period of four years had not produced any evidence in spite of twenty-six opportunities having been granted.

(3.) The learned counsel for the petitioners states that no fault lies on them because he had been summoning the Will and it is only after the original Will is produced in the Court that he would have been able to produce the evidence. Last opportunity for producing the original Will was granted on payment of costs of Rs. 50/- and the date so fixed was October 13, 1989. At this stage, the learned counsel for the petitioners further states that the original Will has even been returned to the Revenue Authorities. He will not be able to examine the oral evidence till the Will is produced in the Court. The summons for producing the Will by the Revenue Authorities shall be taken by the petitioners dasti and service will be effected at their own responsibility. No further opportunity will be given for this purpose. It will be the responsibility of the petitioners to produce the evidence at their own responsibility after the Will is produced in the Court.