LAWS(P&H)-2013-7-333

RANJEET KAUR Vs. SUKH PAL KAUR AND ANOTHER

Decided On July 03, 2013
RANJEET KAUR Appellant
V/S
Sukh Pal Kaur Respondents

JUDGEMENT

(1.) DEFENDANT No. 2 Ranjeet Kaur has filed this revision petition under Article 227 of the Constitution of India impugning order dated 02.04.2013, passed by learned trial court, thereby allowing application (Annexure P -1) filed by respondent No. 1 -plaintiff Sukh Pal Kaur for treating carbon copy of compromise dated 28.04.2006 as secondary evidence. Respondent No. 2 Jasandeep Kaur is defendant No. 1 in the suit. She is daughter -in -law of respondent No. 1 -plaintiff. Case of the plaintiff is that there was compromise dated 28.04.2006 between plaintiff and defendant No. 1. Case of the plaintiff is based on the said compromise.

(2.) THE plaintiff alleged in her application (Annexure P -1) that the original compromise is with defendant No. 1 and carbon copy of the compromise was with the plaintiff and has been produced in the Court, whereas defendant No. I has failed to produce the original compromise, in spite of requests including application moved for the purpose.

(3.) LEARNED trial court, vide impugned order dated 02.04.2013, has allowed the plaintiffs application. Feeling aggrieved, defendant No. 2 has filed this revision petition.