NARAIN SINGH Vs. INDERWATI AND OTHERS

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 29.09.2011 (Annexure P-3) passed by learned Additional District Judge, Palwal whereby application filed by the petitioner-appellant under Order 41 Rule 27 of the Code of Civil Procedure (in short "the Code") for leading additional evidence, has been dismissed.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner-appellant filed suit for declaration, possession and injunction against respondents no.1 and 2. The said suit was dismissed vide judgment and decree dated 15.10.2010. The petitioner preferred an appeal against the said judgment and decree. During the pendency of appeal, the petitioner-appellant filed application under Order 41 Rule 27 of the Code for leading additional evidence. It is stated in the application that he came to know about the Will dated 05.03.1983 allegedly executed by Uday Pal is a forged and fabricated document and due to ignorance and lack of knowledge of legal procedure, he could not examine the handwriting expert to prove the forgery and also could not lay his hand on the documents which contained the standard signatures of Uday Pal. Uday Pal-testator of the alleged Will, was the member of the Municipal Committee, Hodal, who used to sign various resolutions. He had also taken loan for tubewell after executing mortgage deed which are available in the office of Sub Registrar. The petitioner wants to get compared the signatures of the testator-Uday Pal. The said application of the petitioner has been dismissed. Hence, this revision petition.

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