LAWS(P&H)-2014-3-424

KIRAN BEHAL Vs. VEENA KHOSLA

Decided On March 14, 2014
Kiran Behal Appellant
V/S
Veena Khosla Respondents

JUDGEMENT

(1.) THE contour of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, respondent Nos.1 to 3 -plaintiffs Mrs. Veena Khosla wife of late Ashok Khosla & others (for brevity "the plaintiffs"), have instituted the civil suit (Annexure P1), against petitionerdefendant No.6 Kiran Behal wife of Deepak Behal and proforma respondent Nos.4 to 8, other defendants (for short "the defendants"), for a decree of declaration and partition to the effect that they (plaintiffs) are entitled to 1/7th share each in the house in dispute, being the legal heirs of late Ashok Khosla s/o Manohar Singh Khosla. The defendants contested their claim, filed the written statement (Annexure P2), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) DURING the pendency of the suit, defendant Nos.1, 2, 4 and 5 have moved an application (Annexure P3) for directing the plaintiffs to produce the passport of late Ashok Khosla, his proof of citizenship of Denmark and adoption deed dated 9.12.1980, whereby he was adopted by the citizen of Denmark etc. under Order 11 Rule 14 CPC. The plaintiffs have refuted their prayer, filed the reply (Annexure P4), strongly denied the allegations contained in the application and prayed for its dismissal.

(3.) TAKING into consideration the facts and entire material on record, the trial Court dismissed the application (Annexure P3) of the pointed defendants, by means of impugned order dated 25.2.2014 (Annexure P5).