DALJIT KAUR Vs. AMARJIT KAUR AND ORS.

JUDGEMENT

(1.) The plaintiff has challenged order dated 17.04.2014, allowing an application filed by defendant No. 1 for additional evidence, at the stage of rebuttal and arguments. In brief, the plaintiff filed the suit for declaration that she along with defendants are owner in possession in equal shares of the estate of their mother Jaswant Kaur @ Bant Kaur and mutation No. 18450 dated 17.07.2001 sanctioned on the basis of the alleged Will dated 12.02.2001 is illegal, null and void as Jawant Kaur @ Bant Kaur had never executed any Will and also prayed for permanent injunction to restrain defendant No. 1 from alienating the suit property of more than her share, in any manner. Defendant No. 2 was proceeded against ex parte on 04.07.2013 and hence, the suit was contested by defendant No. 1 only, who filed the written statement and counter-claim dated 18.07.2013 in which she had set up a registered Will dated 12.02.2001 executed by Jaswant Kaur @ Bant Kaur. In the counter-claim, defendant No. 1 also prayed for permanent injunction to restrain the plaintiff and defendant No. 2 from alienating the suit property of more than their share, as mentioned in the Will dated 12.02.2001.

(2.) It may be pertinent to mention here that the plaintiff and defendants No. 1 and 2 are the three daughters of Jaswant Kaur @ Bant Kaur and in the suit, the plaintiff has claimed that their mother died intestate, however, the suit is not contested by defendant No. 2 but defendant No. 1 has alleged that she died after executing the Will dated 12.02.2001. The plaintiff also filed the written statement on 20.09.2013 to the counterclaim filed by defendant No. 1 and on 10.10.2013 the issues were framed. Defendant No. 1 examined DW1 Baltej Singh (husband of defendant No. 1) and DW2 Fateh Singh, alleged scribe of the Will in support of her case and her oral evidence was closed by the Court on 30.11.2013. The said order reads as under:--

(3.) Thereafter, the plaintiff appeared as her own witness as PW1 and closed her evidence after tendering certain documents. On 28/29.01.2014, the arguments were heard in the case and it was adjourned to 19.02.2014 for pronouncement of the orders. However, in between, on 11.02.2014, defendant No. 1 filed an application for leading additional evidence to prove the original Will by examining Gurmeet Singh son of Surinder Singh and Handwriting and Fingerprint Expert to prove the signatures of deceased Surinder Singh Lambardar, an attesting witness to the Will dated 12.02.2001.