PURAN KAUR Vs. SUKHWINDER KAUR AND OTHERS

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 01.11.2010 (Annexure P/6) passed by learned Civil Judge (Junior Division), Ajnala, whereby application filed by the petitioner-plaintiff for leading additional evidence has been dismissed.

(2.) Briefly stated, the facts for disposal of the instant revision are that petitioner-plaintiff filed a suit for joint possession of land described in the head note of the plaint. It was averred in the suit that the petitioner and defendant nos. 1 to 4 are the legal heirs of deceased Thakur Singh but defendant nos. 5 to 7 have got sanctioned mutation of inheritance in their favour on the basis of forged Will. The suit was contested by defendant nos. 5 to 7. In the written statement filed by them, they alleged that the plaintiff is not the legal heir of Thakur Singh and also set up an unregistered Will dated 20.06.1976. It was the case of defendant nos. 5 to 7 that Thakur Singh died unmarried and issueless. It was alleged that Thakur Singh was working at Dhanbad in the department of CMRI. Since it was alleged by defendants that petitioner is not daughter of deceased Thakur Singh, petitioner moved an application for leading additional evidence alleging that some of documents necessary to prove relation of petitioner with deceased Thakur Singh viz Pension Certificate, Identity Card, Pass Book and the succession certificate etc. were not in her possession at the time of leading evidence in affirmative. The said application was dismissed vide impugned order dated 01.11.2010 (Annexure P/6). Hence, this revision petition.

(3.) I have heard learned counsel for the parties and perused the record.