DARSHAN SINGH Vs. HARBANS KAUR ALIAS BHINDER KAUR

JUDGEMENT

(1.) BY filing this revision petition under Article 227 of the Constitution of India, defendants (including legal representatives of defendants no. 1 and 3) have assailed order dated 26.07.2013, passed by the trial court, thereby allowing application (Annexure P-8) filed by respondent-plaintiff for removing affidavits of Bahadur Singh (DW-4) and another Bahadur Singh ­ deed-writer (DW-6) as well as parts of affidavits of Darshan Singh ­ defendant no. 2 as DW-1 and Sukhwinder Singh ­ defendant no. 4 as DW-2, alleging that the said affidavits referring to transfer deed and sale deeds dated 01.12.2008 are beyond pleadings.

(2.) DEFENDANTS , by filing reply (Annexure P-9), opposed the application and controverted the averments made therein.

(3.) ADMITTEDLY , offending evidence of the aforesaid four witnesses relating to transfer deed and sale deeds dated 01.12.2008 (having taken place during pendency of the suit) is beyond pleadings. Consequently, the said evidence has been rightly ordered to be discarded by the trial court being beyond pleadings.