SWARAN KANTA Vs. BRIJ KUMAR DHIR

JUDGEMENT

(1.) The facts giving rise to this revision petition are that Brij Kumar Dhir, respondent No. 1 instituted a suit for partition of property left by his father Kahan Chand impleading his other brother Hari Inder, his sister Swaran Kanta and mother etc. in the year 1981. Swaran Kanta propounded a will dated August 23, 1973, which was registered and according to which the property was bequeathed in favour of her mother and herself. The plaintiff concluded his evidence in 1987. The defendants could not conclude evidence largely on account of strike of lawyers. Ultimately the defendants' evidence was closed and an application for producing additional evidence was declined. The petitioner filed a revision against the order closing her evidence, which was allowed on March 27, 1991, by this Court. It was directed that the said defendant (Swaran Kanta) shall be given one opportunity to produce her entire evidence at her own responsibility. The evidence was accordingly produced on May 3, 1991, in the trial Court. One of the attesting witnesses of the will named Ram Parkash was examined. He admitted his signature on the will but stated that the will had been brought to him and his signatures obtained thereon. In this situation, an application was made to summon and examine the Sub Registrar before whom the said Ram Parkash had appeared and signed the will at the time of the registration. The said prayer was declined by the trial Court. Hence this revision.

(2.) Learned counsel for the respondents contended that application for summoning the Sub Registrar was made in the trial Court under Section 151 C.P.C. and that no such application was competent. He further submitted that the order passed in the previous revision petition was passed on an undertaking given on behalf of the revision petitioner and if the trial Court had permitted examination of the Sub Registrar, it might have constituted disobedience of the order of this Court amounting to contempt of Court.

(3.) I have given my earnest consideration to the submissions of the learned counsel.