LAWS(P&H)-2013-4-620

RANDHIR SINGH Vs. JASWANT SINGH

Decided On April 12, 2013
RANDHIR SINGH Appellant
V/S
JASWANT SINGH Respondents

JUDGEMENT

(1.) The 2 nd defendant filed an application under Section 151 of the Code of Civil Procedure seeking permission to lead additional evidence for examining a Handwriting Expert by name Shri Inderjit Singh. The said application was allowed. Aggrieved by the order passed by the trial Court, the present revision has been filed by the plaintiff.

(2.) The 2 nd defendant has contended in his application seeking permission to lead additional evidence that the plaintiff had examined Shri Navdeep Gupta, Handwriting and Finger Prints Expert in rebuttal regarding the execution of the Will. Therefore, 2 nd defendant should be permitted to rebut the said evidence of Shri Navdeep Gupta by examining Inderjit Singh, Handwriting and Finger Prints Expert on the side of the 2nd defendant.

(3.) The said application was resisted by the plaintiff on the ground that the 2 nd defendant has no right to file such an application praying to lead rebuttal evidence to the rebuttal evidence let in by the plaintiff.