MANMOHAN SINGH Vs. DAVINDER KAUR AND ORS.

JUDGEMENT

(1.) Vide this civil revision petition preferred under Article 227 of the Constitution of India, order dated 12.2.2014 (Annexure P-9) passed by the Civil Judge (Junior Division), Jalandhar whereby application of the petitioner-defendant for leading additional evidence was dismissed with costs of Rs.1,000/-, is under challenge.

(2.) Even earlier to the impugned order, application for leading additional evidence preferred by the petitioner-defendant having been dismissed by the lower court was challenged in a similar fashion in this Court wherein vide order of 16.8.2013 accepting plea of the petitioner- defendant that the application resulting in order of 16.4.2013 was not happily drafted as important facts had remained unpleaded, had allowed the petitioner-defendant to move a proper application by stating correct position before the lower court.

(3.) When claim of the petitioner-defendant is that registered Will of 9.5.1994 in his favour needs proof for which he is required to examine Swaran Singh witness to prove signatures of the testator Smt. Haripal Kaur on the Will, stand of the respondent-plaintiff per contra is that relevant witnesses of the Will have already been examined by the petitionerdefendant and this repeat exercise by making application for additional evidence, is nothing but a delaying tactic.