MOHAN SINGH Vs. GURDEEP SINGH

JUDGEMENT

(1.) Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 13/9/2024 passed by the Civil Judge (Junior Division), Ludhiana, in CS/3136/2017, whereby the application dtd. 12/8/2024 (Annexure P-8) filed by the petitioner/defendant No.1 for discarding the affidavit dtd. 5/8/2024 (Annexure P-7) filed by plaintiff/respondent No.1 in his rebuttal evidence has been declined.

(2.) Learner counsel for the petitioner has submitted that the Will dtd. 29/6/2000 was in the knowledge of respondent No.1/plaintiff as he had filed a suit for declaration to the effect that the said Will was forged and fabricated and thus, the respondent No.1/plaintiff should have led the evidence in affirmative and should not have been permitted to lead evidence in rebuttal. It is submitted that in view of the same, the affidavit of respondent No.1/plaintiff, which has been placed on record in rebuttal evidence, was required to be discarded and the application filed by the petitioner for discarding the same was required to be allowed and the impugned order is thus required to be set aside.

(3.) This Court has heard learned counsel for the petitioner and has perused the paper-book and finds that the impugned order has been rightly passed and the present revision petition being meritless, deserves to be dismissed for the reasons detailed hereinafter.