ISHWARI KUMARI SANGWAN Vs. RAJENDER SINGH

JUDGEMENT

(1.) THE crux of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, initially respondent Nos.1 & 2 -plaintiffs -Rajender Singh son of, and Smt.Janaki wife of, Kali Ram(for brevity "the plaintiffs") have instituted the civil suit against Kali Ram son of Kishan Lal(since deceased), now being represented through his LR -proforma respondent No.3 -defendant and petitioner -defendant No.2 -Ishwari Kumari Sangwan, daughter of Phool Singh Sangwan(for short "the defendants"), for a decree of declaration and permanent injunction. The defendants contested the claim of the plaintiffs, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) HAVING completed all the codal formalities, the trial Court dismissed the suit of the plaintiffs, vide judgment and decree dated 29.08.2011(Annexure P -1).

(3.) AGGRIEVED thereby, the respondents -plaintiffs preferred the appeal along with an application(Annexure P -2), to produce and prove Excerpt(Intikhab) certified copy of the pedigree table and certified copies of Jamabandies, by way of additional evidence under Order 41 Rule 27 read with Section 151 CPC. The contesting defendant refuted the prayer of the plaintiffs, filed the reply(Annexure P -3) and prayed for dismissal of the application.