GURJIT SINGH Vs. TEJPAL SINGH AND OTHERS

JUDGEMENT

(1.) The instant petition, preferred under Article 227 of the Constitution of India, assails the order dtd. 13/9/2024 (Annexure P.1) passed by the Court of Civil Judge (Junior Division) Amritsar, vide which the application filed by respondent Nos. 1 to 3/plaintiffs (hereinafter referred to as the respondent-plaintiffs) to produce secondary evidence in respect of Will dtd. 17/11/1979 stated to have been executed by S. Budh Singh, was allowed.

(2.) The facts, as emanating from the revision petition, are that a suit for separate possession by way of partition of properties fully described in the plaint, declaration and permanent injunction was instituted by the respondent-plaintiffs against the defendants (Harjinder Singh and others) and the present petitioner being defendant No.5 (hereinafter referred to as the 'petitioner-defendant).

(3.) Plaintiff No.1-S.Tejpal Singh; defendant No.1-Harjinder Singh and defendant No.2-Smt. Daswinder Kaur, are the sons and daughter of Amrik Singh. Plaintiff No.2-Amit Bhatia is the son of plaintiff No.1-S. Tejpal Singh and grandson of Amrik Singh. Amrik Singh is the son of Budh Singh. The other defendants are the sons and daughters of Budh Singh as also other parties. The basic claim set up was that certain properties in dispute had been purchased by Amrik Singh, whereas some properties were stated to have devolved upon him on account of Will dtd. 17/11/1979, having been executed in his favour by S. Budh Singh, the same having been registered on 22/1/1981. It is also claimed that Amrik Singh executed a Will dated 1. 10.2012 registered on 3/10/2012 in terms of which plaintiff No.1-S. Tejpal Singh became the sole and absolute owner of the properties referred to in the said Will on the demise of Amrik Singh on 25/1/2013.