JASJIT SINGH Vs. PREM HARJIT SINGH

JUDGEMENT

(1.) In his suit for declaration to the effect that he is owner in possession to the extent of 1/2 share in property bearing No. XIX-310 (new) and 349 (old), Dr. Sham Singh Road, Ludhiana and that the judgment and decree passed in civil suit No. 20 of 1991 titled Jasjit Singh and Manpreet Singh v. Kant Kaur dated 10.10.1991 is null and void and ineffective on his rights, Prem Harjit Singh, the plaintiff, appeared in the witness box and tendered for his examination in chief his affidavit in which he exhibited nine documents from Ex. P3 to P9. Defendants No. 1 and 2, the petitioners, had filed an application for de-exhibiting documents, Ex. P3 to P9 on the ground that those documents were not per se admissible and were not proved in accordance with the provisions of Indian Evidence Act.

(2.) The application has been opposed by the plaintiff claiming the same to be not maintainable. It is also alleged that the same is abuse of the process of law. He has claimed that some documents produced are original while the others are certified copies. The application is claimed to have been filed with malafide intention and it is prayed to be dismissed with special costs.

(3.) Hearing learned counsel for the parties, learned Civil Judge (Junior Division), Ludhiana dismissed the application vide order dated 15.10.2011 (Annexure P/4) and it is this order, which is challenged by way of this revision petition brought under the provisions of Article 227 of the Constitution of India by defendants No. 1 and 2.