CHAMPA DEVI Vs. BHAJAN LAL AND OTHERS

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 27.1.2016 [Annexure P/4] passed by Civil Judge [Junior Division], Hisar whereby application for additional evidence filed by the petitioner-plaintiff was dismissed, and the order dated 10.2.2016 [Annexure P/6] passed by the trial Court whereby application for recall of order, Annexure P/4, was also dismissed.

(2.) The petitioner had filed a suit for possession in respect of land measuring 76 Kanals 3 Marlas on the basis of a registered lease deed. Defendants contested the suit and after framing of issues, the case was fixed for Plaintiff evidence. Thereafter, the evidence of the plaintiff was closed vide order dated 24.7.2015 and the case was fixed for Defendants' evidence. The petitioner moved application dated 20.1.2016 for permission to produce two attesting witnesses of registered Will No. 9 dated 19.10.1982 and the said application was dismissed vide order dated 27.1.2016 [Annexure P/4]. Vide order dated 10.2.2016 [Annexure P/6], the application filed by the petitioner for recalling of the said order, dated 27.1.2016, was also dismissed.

(3.) Learned counsel for the petitioner submitted that both the witnesses to be examined by way of additional evidence are material witnesses as they are attesting witnesses of the Will. Earlier the said witnesses could not be examined despite exercise of due diligence. The said Will is a registered document and thus, cannot be a forged document. However, the Court below dismissed the application without taking into consideration all these facts and the impugned order be set-aside.