MOHINDER SINGH Vs. JIT KAUR

JUDGEMENT

(1.) The defendants are the petitioners before this Court. They are aggrieved against the order dated August 13, 1992 passed by the learned trial Judge whereby the application filed by them seeking permission to compare the thumb impression of Chand Kaur and to examine the expert had been disallowed.

(2.) A perusal of the order passed by the learned trial Court shows that the plaintiff had filed a suit claiming that she was the heir of Chand Kaur being her daughter. The suit is being contested by the defendants on the ground that they are the legal heirs of Chand Kaur and that she had executed a will dated June 20, 1986 in their favour. The plaintiff examined a document expert who compared the disputed thumb impression on the Will set up by the defendants and opined that the thumb impression did not tally with the disputed thumb impression. Thereafter, the plaintiff closed her evidence on August 22, 1991. Many opportunities were granted thereafter to the defendants to lead their evidence in rebuttal to the additional evidence. No such evidence was led by the defendants. Earlier the defendants had led their evidence in support of their pleas raised in the written statement.

(3.) In these circumstances, when the main plea taken by the defendants in the written statement was based upon a Will dated June 20, 1986, then it was for them to lead evidence in support of the aforesaid plea. If the said evidence was not led, then there was absolutely no justification to grant them further opportunity to lead evidence in rebuttal by producing an expert.