JASMAIL SINGH SANGHERA Vs. SOHAN SINGH SANGHERA

JUDGEMENT

(1.) Through the present petition under Article 227 of the Constitution of India, the petitioner has invoked the jurisdiction of this Court to challenge the order dtd. 10/5/2018 (Annexure P-6) passed by learned Court below, in Civil Suit No.379 dtd. 18/10/2012, whereby, an application under Sec. 65 of the Indian Evidence Act, filed by the respondents has been allowed.

(2.) The facts, as culled out from the paperbook are that respondents No.1 to 4/plaintiffs had filed a suit for seeking declaration along with defendants No.1 (petitioner) and No.3, to be joint owners in joint possession of the land, as detailed in the head note of the plaint, copy whereof is Annexure P-1. Besides the same, another declaration was sought, thereby, challenging the legality and validity of the sale deed dtd. 24/5/2012, executed by petitioner (defendant No.1 before the lower Court), being the attorney of Lashkar Singh, in favour of defendant No.2 (his wife), who is respondent No.5 and also sought, relief of joint possession.

(3.) Issues were framed in the present case and the evidence of both the petitioner (defendant No.1) as well as respondents No.1 to 4 (plaintiffs) was recorded. When the case was at the stage of rebuttal evidence, an application was filed by the respondents-plaintiffs under Sec. 65 of the Indian Evidence Act, for allowing them to produce Will dtd. 31/1/1997, duly executed by Lashkar Singh, in favour of his sons-Sohan Singh (plaintiff No.1) and Jasmel Singh (defendant No.1), by way of secondary evidence. The said application was allowed vide impugned order dtd. 10/5/2018.