MOHAN SINGH Vs. LAKHBIR SINGH

JUDGEMENT

(1.) In a civil suit titled as Lakhbir Singh Vs. Mohan Singh and others by way of declaration that the plaintiff is the exclusive co-owner in possession of the property as fully detailed and described in the head note of the plaint and in which suit, question of Will was subject matter of challenge. During the course of proceedings of the suit in the court of Learned Civil Judge, Junior Division, Phillaur, an application under Order 26 Rule 4 CPC was moved by the revisionist Mohan Singh and another seeking appointment of Commission to record the statement of the marginal witnesses of unregistered Will who were residents of Canada. On the same application, learned Addl. Civil Judge (Senior Division) Phillaur passed order dtd. 31/3/2014, the operative part of said order is reproduced as under:-

(2.) And the same is the subject matter of challenge in this revision petition.

(3.) Heard Mr. Rajinder Singla, Advocate for the petitioners and Mr. Malkeet Singh, Advocate for respondent No.1.