WAZIR SINGH Vs. JAGDIP SINGH

JUDGEMENT

(1.) JAGDEEP Singh, plaintiff-respondent, had filed a suit for declaration that two parcels of land, detailed in the plaint, were joint Hindu Family/coparcenary property of himself and the defendants-petitioners. He also sought a declaration that decree dated May 4, 1982 passed in suit entitled Kuldip Singh v. Wazir Singh was null and void qua the plaintiff's right. The plaintiff-respondent sought joint possession of the land alongwith the defendants-petitioners. The suit was filed by Jagdeep Singh on June 13, 1995 and the defendants impleaded by him were his father Wazir Singh and brother Kuldeep Singh. However, according to Wazir Singh Jagdeep Singh was not his son.

(2.) JAGDEEP Singh moved an application under Order 18 Rule 17A C.P.C. to lead additional evidence of a tape recorded conversation between him and his father Wazir Singh, wherein Wazir Singh had admitted Jagdeep Singh to be his son. It seems that in the suit Wazir Singh had denied this and had even refused to undergo a D.N.A. test to establish this relationship. The conversation had taken place long after the evidence of the plaintiff had been closed and since it was clinching evidence on the point in controversy, Jagdeep Singh wanted to place the evidence on record.

(3.) THE learned Civil Judge (Junior Division) Muktsar, vide order dated May 10, 2002 concluded that the evidence was relevant for a proper and conclusive adjudication of the matter in controversy and as such allowed the application, subject to payment of Rs. 700/- as costs.