BUTA SINGH Vs. BALWANT KAUR AND OTHERS

JUDGEMENT

(1.) THIS revision petition under Article 227 of the Constitution of India has been instituted by defendant no. 1 -Buta Singh assailing order dated 31.5.2012 Annexure P/8 passed by the trial court thereby dismissing applications Annexures P/4 and P/6 filed by the petitioner for additional evidence. Suit was filed by respondent no. 1 -plaintiff Balwant Kaur (since deceased and represented by her son and legal representative Sukhi Jagdeep Singh) against petitioner and respondents no. 2 and 3 as defendants. Original plaintiff was sister of defendant no. 1 - petitioner. The dispute relates to inheritance of their father Uttam Singh. Defendant no. 1 has set up registered Will allegedly executed by Uttam Singh in favour of petitioner -defendant no. 1.

(2.) IN application Annexure P/4, defendant no. 1 alleged that he wants to examine Document Expert to prove signatures of testator Uttam Singh and attesting witness Pardhan Singh (both since deceased) on the disputed Will. It was pleaded that earlier defendant no. 1 was not having knowledge of any standard signatures of Uttam Singh and Pardhan Singh, but now he has been able to trace the same, necessitating the examination of Document Expert.

(3.) LEARNED trial court vide impugned order Annexure P/8 has dismissed both the applications filed by defendant no. 1 who has, therefore, filed this revision petition to challenge the said order.