JAI NARAIN Vs. SATYA NARAIN AND ORS.

JUDGEMENT

(1.) Challenge in the present petition, filed under Article of the Constitution of India is to the order dated July 24, 2006 passed by Additional Civil Judge (Senior Division), Jind disallowing the plaintiff to lead evidence in rebuttal on the issues, the onus of which were on defendants.

(2.) Briefly the facts are that the plaintiff alongwith proforma respondents no.3 and 4 filed a suit for declaration to the effect that he is adopted son of Lakhi son of Udami and is joint owner in possession of equal share of land measuring 25 kanals 16 marlas comprised in Khewat No.35, Khatoni No.80 and that he is owner in possession to the extent of 1/3rd share of the land measuring 1 kanal 6 marla comprised in Khewat No.33 Khatoni No.79 situated in revenue estate of village Sirsa Kheri, Tehsil and District Jind and further that will dated September 18, 1990 executed by deceased Chet Ram in favour of respondent no.1 is fabricated, illegal, null and void being based on fraud and misrepresentation and also that mutation No. 408 dated 18.5.1998 is also null and void.

(3.) The claim made by the petitioner was contested by respondent no.1 stating therein that he is not adopted son of Lakhi son of Udmi and sought a declaration to the effect that he is owner in possession of the land.