ISHWAR SINGH Vs. SURAT SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff Ishwar Singh has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to impugn order dated 19.9.2011(Annexure P2) passed by learned Additional Civil Judge (Senior Division), Kosli thereby dismissing the application (Annexure P1) moved by the plaintiff-petitioner for additional evidence. I have heard Learned Counsel for the parties and perused the case file.

(2.) Plaintiff-petitioner has filed suit inter alia challenging the consent decree dated 2.2.1993 passed in Civil Suit titled "Surat Singh vs. Smt. Anandi etc." on the ground that the said decree was passed on the basis of impersonation of Anandi by some other lady.

(3.) In application for additional evidence, the plaintiff alleged that he was earlier not aware as to who impersonated for his mother Anandi in the aforesaid suit in which decree dated 2.2.1993 was passed, but after the plaintiff closed the evidence, on 8.1.2010, defendant No. 1 Surat Singh declared that his mother-in-law Sumitra, who had impersonated as Smt. Anandi by affixing thumb impressions on written statement and statement made in the Court in the previous suit on behalf of Anandi, has also expired and now the plaintiff will not be able to get the decree dated 2.2.1993 set aside. Thereupon, plaintiff got compared disputed thumb impressions allegedly of Anandi in previous suit with standard thumb impressions of Sumitra available in some partition case and the same have been found to have been affixed by the same person. It may be mentioned that both Sumitra and Anandi have since died. The plaintiff accordingly wanted to examine Handwriting and Finger Print Expert, Record-keeper and Ahlmad with record of the partition case and the Civil Suit in which decree dated 2.2.1993 was passed, and Rishal Singh Advocate and the plaintiff himself as witnesses by way of additional evidence. The said application has been dismissed by the trial Court vide impugned order dated 19.9.2011 (Annexure P2) which is under challenge in this revision petition.