MAHINDO BAI Vs. BALBIR SINGH

JUDGEMENT

(1.) THE petitioners are aggrieved against the orders dated 01.02.2014 and 11.03.2014, dismissing their applications for leading additional evidence and amendment in the written statement respectively. In short, the petitioners are defendants no.4 and 5 in the suit filed by the plaintiff -respondent no.1 Balbir Singh. To begin with, it would be relevant to refer to the pedigree table, part of the plaint, which reads thus: -

(2.) THE plaintiff has alleged that he along with defendant no.1 Kashmir Singh are owners in possession, in equal shares, of land measuring 24 kanals, situated in village Hasta Kalan, Tehsil Fazilka and the mutation no.1796, recorded on the basis of the Will dated 16.01.2008, in favour of defendants no.4 and 5 qua the land comprised in Rect. No.67 Killa No.5 (8 -0) and also in favour of defendant no.3 qua the land comprised in Rect. No.67, Killa No.15 (8 -0) is illegal.

(3.) DURING the pendency of the suit, defendants no.4 and 5 filed an application under Section 151 of the Code of Civil Procedure, 1908 (herein -after referred to as the "CPC") seeking permission to lead additional evidence to the effect that Makhan Singh, predecessor -in -interest of the parties and owner of the suit land, executed and registered two transfer deeds bearing vasika nos.2596 and 2583 dated 29.08.2007 in favour of defendants no.4 and 5. It was alleged in the application that those defendants were not in custody of the said transfer deeds at the time when they were leading their evidence. The said application was dismissed vide the impugned order dated 01.02.2014 on the ground that the petitioners had nowhere pleaded the transfer deeds in their written statement and this evidence cannot be allowed beyond the pleadings.