LAWS(P&H)-2013-10-86

PARAMJIT Vs. PREM PAL ALIAS MEHAR PAL

Decided On October 04, 2013
PARAMJIT Appellant
V/S
Prem Pal Alias Mehar Pal Respondents

JUDGEMENT

(1.) Defendant no. 3 has filed this revision petition under Article 227 of the Constitution of India impugning order dated 5.3.2013 Annexure P/7 passed by the trial court thereby dismissing application Annexure P/5 filed by defendants no. 3 and 5 under Order 18 Rule 17 of the Code of Civil Procedure (in short, CPC) for recalling Ram Kumar DW4 for further examination-in-chief.

(2.) Ram Kumar is said to be one of the attesting witnesses of Will dated 5.10.1999 Ex. D2. He tendered his affidavit of examination-in-chief Annexure P/4 on 23.11.2012 regarding execution of the Will by testator Ram Sarup. He also stated that the original Will was Ex. D2. His cross examination was deferred. His cross-examination was then recorded on 10.1.2013 which is also part of document Annexure P/4. In the said cross examination, he stated that he had seen the court file on that day i.e. 10.1.2013 but the original Will was not available although certified copy was available.

(3.) Defendants no. 3 and 5 in their application Annexure P/5 alleged that the original Will was on the court file even on 10.1.2013 at the time of cross-examination of the aforesaid witness and therefore, he is required to be recalled for further examination-in-chief to clarify the same. Respondent no. 1-plaintiff by filing reply Annexure P/6 controverted the averments made in application Annexure P/5 and opposed the said application.