GURMIT KAUR AND ORS Vs. HARBANS KAUR

JUDGEMENT

(1.) A suit for possession of the land in litigation and for declaration to the effect that Will dated 10.4.2008 and mutation dated 15.5.2008 are illegal, null and void and are not binding upon the rights of the plaintiff she being legal heir of the deceased Amar Singh, as also for decree of permanent injunction restraining defendant No.1 Smt. Gurmit Kaur, petitioner herein, is pending adjudication before the lower Court since 2008.

(2.) An application for adducing additional evidence in the nature of examining Karaj Singh a witness of the Will moved by the petitionerdefendant was dismissed by the lower Court vide impugned order of 19.12.2013. The lower Court observed that the petitioners-defendants had not been able to conclude their evidence even after availing 17 opportunities and consequently their evidence was closed by the order of the Court and thereafter the application for adducing additional evidence filed by the petitioners/defendants was found to be moved without any justification.

(3.) Challenging this order, stand of the petitioners-defendants is that the witness sought to be examined additionally earlier was not available and now has become available and being necessary to prove the Will needs to be examined. It is claimed that non-examination of this witness would cause prejudice to the cause of the petitioners-defendants.