PREM KUMAR Vs. RAMDHARI AND OTHERS

JUDGEMENT

(1.) Defendant no. 2 Prem Kumar has filed this revision petition under Article 227 of the Constitution of India assailing order dated 18.07.2011, passed by learned Civil Judge (Junior Division), Jalandhar, thereby dismissing application moved by defendant no. 2-petitioner for leading evidence on additional issue no. 7-A framed in the suit. Suit was filed by plaintiff Balroop against his two sons Ram Kishan - defendant no. 1 (proforma respondent no. 3 herein) and Prem Kumar - defendant no. 2 (petitioner herein). He sought mandatory injunction directing the defendants to hand-over the vacant possession of the suit property. He also claimed recovery of license fee and mesne profits.

(2.) During pendency of the suit, original plaintiff Balroop died. His other two sons Ramdhari and Gumraj (respondents no. 1 and 2 respectively herein) were impleaded as his legal representatives.

(3.) By amendment of plaint, respondents no. 1 and 2 set up Will dated 24.05.2006, allegedly executed in their favour by Balroop - original plaintiff. On application of respondents no. 1 and 2, additional issue no. 7-A was framed to the following effect :