SUKHMANDER SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) This is a Civil Revision Petition filed under Article 227 of the Constitution of India read with Sec. 151 CPC for quashing of order dtd. 24/1/2025 (Annexure P-1) vide which the prayer of the petitioner dtd. 18/12/2024 to take off the evidence of Puneet Rana, Advocate as DW- 2 has been declined.

(2.) Learned counsel for the petitioner has submitted that the present petitioner, who is the plaintiff, is relying upon the Will dtd. 7/7/2017 executed by Bahadur Singh to claim his title in the suit whereas the Will which has been relied upon by defendant no.1 / respondent no.1- Ranjit Singh was registered on 28/7/2017. It is submitted that the scribe of both the Wills is stated to be the same person i.e., Puneet Rana, Advocate. It is submitted that the petitioner had examined the said Puneet Rana, Advocate as PW-4 and at that stage, the counsel for respondent no.1 should have put queries with respect to the Will dtd. 28/7/2017 also, which was not done, whereas defendant no.1 has now examined the said Puneet Rana, Advocate as DW-2. It is submitted that in the said circumstances, the petitioner had moved an application for taking off the affidavit of Puneet Rana, Advocate, who had been produced as DW-2, but the same has been dismissed by the trial Court vide order dtd. 24/1/2025 which order deserves to be set aside.

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