INDERJIT SINGH Vs. KAMALJIT KAUR

JUDGEMENT

(1.) The present revision petition is directed against order dated 3.12.2003 vide which an application filed by the plaintiffs for comparing the thumb impression of Kamaljit Kaur defendant No. 1 with that of Manjit Kaur wife of Balbir Singh existing on the sale deed dated 17.6.1996 has been declined. The relevant facts are that the petitioners, who are plaintiffs, had filed a suit for declaration to the effect that the plaintiffs are owners in possession of the suit land on the basis of a will dated 8.2.1990 executed by Balwinder Singh. One Kamaljit Kaur was impleaded as defendant No. 1 who was allegedly married to said Balwinder Singh.

(2.) Prior to the filing of this application, the plaintiffs have raised a contention that Kamaljit Kaur had married one Balbir Singh son of Ujjagar Singh after changing her name as Manjit Kaur. The plaintiffs had initially therefore moved an application for amendment of the plaint to plead the aforesaid fact that Kamaljit Kaur widow of Balwinder Singh had re-married and was living with one Balbir Singh. The application for amendment was disallowed by the trial Court.

(3.) A revision petition was filed by the plaintiffs in this Court being Civil Revision No. 3673 of 1999. The plea for amendment was not accepted. However, the revision was disposed of with the following directions: