KEHAR SINGH Vs. NIMBO ETC

JUDGEMENT

(1.) This is a revision petition filed by Kehar Singh plaintiff against the order dated June 2, 1975, of the Additional District Judge, Jind, whereby he accepted the application of Smt. Nimbo and others defendants made under Order 41 Rule 27, Civil Procedure Code, for production of additional evidence.

(2.) The facts of this case are that Kehar Singh plaintiff filed suit against Smt. Nimbo and others for a declaration to the effect that he being the brother of Hazari deceased was entitled to inherit his property and that he was the owner and in possession of one half share of the land in dispute which belonged to Hazari deceased and that the revenue authorities wrongly mutated this land in the name of Smt. Nimbo, defendant No. 1, who claimed to be the widow of Hazari deceased. The defendants contested this suit on various grounds. The Senior Sub-Judge, Jind decreed the suit of the plaintiff with costs. Feeling aggrieved, Smt. Nimbo and others defendants filed an appeal against this judgment and decree in the Court of the Additional District Judge, Jind. During the pendency of the appeal the defendants-appellants made an application on 27th May, 1975 under Order 41 Rule 27, Civil Procedure Code, alleging that with a view to enable the Court to pronounce the judgment satisfactorily, copies of the Khasra Girdawaris from Kharif 1973 to Rabi 1975 and copy of Nehri (Canal) Girdawari from the year 1972 upto date may be permitted to be produced in evidence. This petition was contested by Kehar Singh plaintiff-respondents. After hearing the counsel for the parties, the Additional District Judge accepted this application and allowed the defendants appellants to produce the copies of these documents.

(3.) It was held in Arjan Singh v. Kartar Singh and others, 1951 AIR(SC) 193:-