(1.) Impugned in the present revision is the order dated 25.11.2013 (Annexure P.5) passed by the learned Civil Judge (Junior Division), Fazilka vide which an application filed by defendant No.6, namely, Lakhmir Singh to take photograph and another application filed to examine the expert was declined.
(2.) I have heard learned counsel for the parties.
(3.) It comes out that a suit is pending on behalf of the plaintiffs for declaration that they being the legal heirs of Ajaib Kaur are owners in possession of the suit land. During his evidence, defendant No.6 moved the said application stating that Ajaib Kaur was in possession of land measuring 115 kanals 10 marlas of land. Lakhmir Singh- defendant No.6 purchased the said land from Ajaib Kaur under Section 18 of the Punjab Security Land of Tenures Act, 1953. Now the thumb impressions of defendant- Lakhmir Singh on the said application are not admitted by opposite party, therefore, Lakhmir Singh wants to take the photographs of said thumb impressions and examine the Expert to prove that thumb impressions on the said application are of him. The application was declined by the trial Court on the ground that the defendants have already availed six opportunities including three last opportunities but not even single witness has been examined till date, therefore, application has been filed to delay the proceedings. It was further stated that the case falls in the category of more than 5 year old cases as well as in Action Plan.