BUTA SINGH Vs. GURMEET SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial Court whereby the application of the defendant-petitioner for production of additional evidence was dismissed.

(2.) THE application which has given rise to this petition was filed by the defendant on the allegation that in some other matter Jaswant Kaur was examined by a doctor of the Psychiatric Department of Rajindra Hospital, Patiala and the said doctor made a report dated September 25, 1991 in respect of Jaswant Kaur wherein it was recorded that she was not of sound mind. On these premises, it was prayed that the defendant be permitted to produce the said doctor as a witness. The learned trial Court dismissed the application by observing that the mental condition of Jaswant Kaur was to be seen as on April 12, 1988 and this fact was very much in the knowledge of the defendant. He had averred in the written statement that she was not of sound mind at the time of execution of the registered sale deed and even otherwise the report of the doctor dated September 25, 1991 was not relevant to show the mental condition of Jaswant Kaur on April 12, 1988.