RAJ ANIL Vs. NEERU SINGH SAINI AND OTHERS

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 19.12.2012 (Annexure P/7) passed by learned Additional Civil Judge (Senior Division) Jalandhar, whereby application filed by the petitioner for additional evidence has been dismissed.

(2.) Brief fact relevant for disposal of the revision petition are that respondent nos. 1 to 4/plaintiffs filed a suit for declaration against the petitioner-defendant no.3 and others. The plaintiffs led their evidence. Thereafter when the case was at stage of defendants' evidence, the petitioner moved an application dated 19.03.2012 for summoning the entire record along with original Will and supporting documents. DW1 was examined on 01.06.2012 and was cross-examined on 08.06.2012, but the summoned record and the original Will were not brought on that date. It was brought on 27.09.2012 as a result of which the original documents could not be put to DW1 for proving the same because of non-availability of original Will. Thereafter, application for leading additional evidence dated 07.12.2012 was moved, which has been dismissed by the learned trial Court vide impugned order dated 19.12.2012 (Annexure P/7). Hence, this revision petition.

(3.) I have heard learned counsel for the parties and perused the record.