KULDEEP KAUR Vs. JASBIR KAUR AND ORS.

JUDGEMENT

(1.) Both these civil revision petitions are being decided together as these have common facts and circumstances and are inter-connected. For convenience and clarity, facts have been taken from Civil Revision Petition No.2376 of 2012.

(2.) Vide order dated 20.3.2012 (Annexure P-1) whereby prayer of the petitioner-plaintiff to appear as her witness in rebuttal to issue No.2 (Annexure P-2) was declined, forms the genesis of this civil revision petition under Article 227 of the Constitution of India.

(3.) It is claimed that onus of issues and in particular issue No.2 qua the Will had been changed from the petitioner-plaintiff to the respondentsdefendants. Since the defendants had propounded the Will and they were to lead evidence on this score, it is claimed that right of production of evidence in rebuttal had accrued to the plaintiff and such right could not be denied to her. It is claimed that merely because the suit was at the final stage of conclusion and arguments were being addressed was not a ground to stop the petitioner-plaintiff in proving her rights from evidence produced and to be produced by her.