GAURAV LAL Vs. SAGAR CHAND AND OTHERS

JUDGEMENT

(1.) DEFENDANT no. 1 Gaurav Lal has filed this revision petition under Article 227 of the Constitution of India impugning order dated 24.11.2011 Annexure P/1 passed by the trial court thereby dismissing application for secondary evidence and also dismissing application for amendment of written statement filed by defendant no. 1 -petitioner. Respondents no. 1 and 2/plaintiffs have filed suit against petitioner and proforma respondents no. 3 to 6 as defendants for partition of four houses No. 878 and 885 to 887 vide plaint Annexure P/2. Defendants no. 1 and 2 in their written statement Annexure P/3 inter alia pleaded that house no. 887 was bequeathed by their grand mother Durga Devi in favour of defendant no. 1 vide Will dated 14.10.1951 whereas house no. 885 was bequeathed by their grand -father Ram Lal in favour of defendant no. 1 vide Will dated 14.10.1951 and accordingly, defendant no. 1 is owner in possession of both the said houses.

(2.) IN application for amendment of written statement, defendant no. 1 alleged that Will by Durga Devi regarding house no. 887 was in favour of both defendant no. 1 and plaintiff no. 1 and written statement was sought to be amended to this effect. In the other application for secondary evidence, defendant no. 1 alleged that he was in Air Force and therefore, both the aforesaid original Wills were left with the plaintiffs who have, however, failed to produce the same inspite of application filed by defendant no. 1.

(3.) LEARNED trial court vide impugned order dated 24.11.2011 Annexure P/1 dismissed both the aforesaid applications filed by defendant no. 1 who has, therefore, filed this revision petition to challenge the said order.