GURJEET KAUR Vs. MANI SINGH AND ORS.

JUDGEMENT

(1.) The challenge in the present revision petition is to the order dated 22.9.2014 (Annexure P/7) passed by the Additional Civil Judge (Senior Division), Rajpura wherein the request of the plaintiff-petitioner to examine expert by way of rebuttal evidence have been rejected on the ground that the onus was upon the plaintiff-petitioner and the right to rebuttal cannot be exercised unless the onus of proof was upon the other party.

(2.) The dispute pertains to the estate of Gurdial Singh who expired on 23.3.1984. The plaintiff-petitioner is the daughter of Gurdial Singh. The defendants have set up a will dated 28.2.1984 which is subject matter of challenge of the suit. On the strength of the said will, the mutation has also been entered which is also subject matter of challenge. On the basis of the pleadings the trial Court placed the onus upon the plaintiff whether she was entitled for the relief of declaration and permanent injunction. The defendants in their evidence examined an expert who opined that signatures of Gurdial Singh on the will and the mortgage deed, which bore his standard signatures were similar. It is in such circumstances the application was filed by the petitioner for leading expert evidence in the interest of justice. The application was opposed on the ground that the intention was to delay the decision of the suit and there was no issue on which the plaintiff had to lead rebuttal evidence. The onus was on the plaintiff and evidence should have been led by leading affirmative evidence.

(3.) Counsel for the petitioner has submitted that comparison of signature is with the mortgage deed which is not part of the record of the pleadings and placed reliance upon Baljit Singh Vs. Manjit Singh and others,2014 1 PunLR 625 to submit that the permission should be given to examine a hand writing expert.