RATTAN PAL SINGH Vs. HARPAL

JUDGEMENT

(1.) Present Civil Revision Petition under Article 227 of the Constitution of India has been filed by plaintiff No.3 to set aside the impugned order dtd. 13/8/2024 passed by the Ld. Civil Judge (Jr. Divn), Gurugram (Annexure P-4) in Civil Suit 1031 of 2016 titled as 'Ghisa Ram and others Vs Harpal Singh'; whereby application filed by the petitioner for additional evidence, has been dismissed.

(2.) Learned counsel for the petitioner inter alia submits that the learned Civil Judge was in patent error in dismissing the application for the petitioner for additional evidence as it failed to appreciate that the said evidence is crucial for the proper adjudication of the matter. It is submitted that while passing the impugned order, the learned Court below has not considered that as per the Indian Evidence Act, it is necessary to examine the witnesses who had attested the Will. It is submitted that without examining the witnesses, Will cannot be proved. Only attesting witness can explain the medical condition of the testator at the time of executing of the Will and as to whether he was of sound and disposing mind at that time. It is submitted that keeping in view these facts, the application of the petitioner could not have been dismissed. It is submitted that although the plaintiffs had apprised previous counsel regarding the evidence now sought to be adduced, however the previous counsel had failed to do so. It is contended that the plaintiffs cannot be made to suffer for any omission on the part of previous counsel.

(3.) It is accordingly prayed that the present Civil Revision be allowed; and the impugned order be set aside.