GUDDI KAURBALJIT KAUR Vs. LELLA SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 15/1/2018 (Annexure P-8) whereby the defendant-respondents have been granted permission to examine the witness, Mewa Singh, Lambardar.

(2.) The brief facts relevant to the present lis are that the defendantrespondents herein closed their evidence as recorded in the order dtd. 9/2/2016. Thereafter, an application was filed for grant of permission to examine the witness of the Will, namely, Mewa Singh, Lambardar. The only reason given in the application was that Mewa Singh, Lambardar was ill at the relevant point of time and since he is a material witness being a marginal witness of the Will, hence, his statement is important. The said application was contested by the plaintiff-petitioner and vide the impugned order dtd. 15/1/2018 (Annexure P-8) the said application has been allowed. Hence, the present revision petition.

(3.) Learned counsel for the plaintiff-petitioner would contend that the Will, in the present case, had been set up by the defendant-respondents and it was incumbent upon them to prove the Will in the affirmative. It is further the contention that the defendant-respondents closed their evidence vide order dtd. 9/2/2016 and that now, without assigning any reason, had moved the application for leading the evidence of Mewa Singh, Lambardar. Learned counsel has further pointed out that the Trial Court without going into the merits as to whether the application could be allowed once the evidence itself was closed by the defendant-respondents, merely by holding that the plaintiff-petitioner would have a right to cross-examine the witness, has allowed the application.