MOHINDER KAUR AND OTHERS Vs. GURDEV SINGH

JUDGEMENT

(1.) Legal representatives of Gopal Singh original defendant since deceased have invoked the jurisdiction of this Court by filing instant revision petition under Article 227 of the Constitution of India to assail order dated 13.10.2010 passed by learned Civil Judge (Junior Division), Ludhiana thereby dismissing application of the petitioners for permitting them to lead evidence.

(2.) Respondent plaintiff Gurdev Singh filed suit against Gopal Singh (predecessor of the petitioners) for specific performance of agreement to sell. The defendant failed to file written statement in spite of opportunities and accordingly his defence was struck off. The plaintiff led his evidence. Thereafter petitioners moved application that the defendant was aged about 100 years and generally remained ill and was illiterate and did not execute the alleged agreement or alleged writing nor received any amount nor signed or thumb marked the alleged agreement or writing in question. Accordingly, the petitioners sought permission to lead evidence. The application was opposed by plaintiff alleging that defence of the defendant had been struck off and the said order has attained finality and therefore, the petitioners are not entitled to lead evidence. Various other pleas were also raised.

(3.) Learned trial court vide impugned order dated 13.10.2010 dismissed the application of the petitioners, who have, therefore, filed the instant revision petition.