RAMNIK ARORA Vs. SARDAR GURDIP SINGH

JUDGEMENT

(1.) This common order will dispose of two revision petitions bearing C.R.Nos.3351 of 2011 and 3352 of 2011.

(2.) The revision petition is against the order passed by the trial Court dismissing the pleas sought at the instance of the legal representatives of the deceased-defendant to file additional written statement. Another order that came to be passed was, a permission sought by the legal representatives to cross-examine the other defendants before the plaintiff could examine.

(3.) The suit had been filed by Rajinder Singh, son of Nihal Singh for declaratory rights in respect of immovable property. Nihal Singh had four other sons, one of whom died in a motor accident along with Nihal Singh. He also had two daughters, one of them was a party in a suit and other daughter had also died. The statement had been filed by 2nd defendant, the brother of the 1st plaintiff claiming that the plaintiff had no right to the property and that the property belonged to the 2nd defendant and that property never vested with the estate of the father Nihal Singh. There had been a deed of relinquishment pertaining to the property, dated 10.10.1969 which was duly registered by the Sub-Registrar, Amritsar, on 07.01.1970. According to the written statement, documents had been executed inter alia by the plaintiff as well as by 3rd defendant. The statement had been verified by all the defendants including the 3rd defendant whose legal representatives are the petitioners.