TEK BAHADUR SINGH Vs. BHARPUR KAUR

JUDGEMENT

(1.) This is appeal against the order dtd. 14/3/2016 passed by the first Appellate Court whereby the application of respondent-Bharpur Kaur filed under Order 41 Rule 27 of C.P.C. to lead evidence to prove signature of Malkiat Kaur and get the same compared with her signatures on the Will propounded by the appellant was allowed. On allowing the application under Order 41 Rule 27 CPC, judgment and decree passed by the court below was set aside and the case was remanded to the trial court/successor court with direction to decide the suit afresh after giving opportunity to the parties to lead evidence.

(2.) Learned counsel for appellant has argued that firstly, the order passed by the first Appellate Court allowing the application under Order 41 Rule 27 CPC is not tenable as the respondent had contested the suit and was having opportunity to produce evidence with regard to signatures of Malkiat Kaur and get the same compared with her signatures on the Will dtd. 10/2/2008. He has further argued that even if the order allowing the additional evidence is sustained, the first Appellate Court instead of remanding the case could call report of trial court and decide the appeal on merits.

(3.) Learned counsel for respondent has argued that entire dispute revolves around the unregistered Will dtd. 10/2/2008 of Malkiat Kaur which was got registered after her death on 15/5/2008. The respondent is daughter of Malkiat Kaur. Earlier she was not having any information that signatures of Malkiat Kaur were available with Punjab and Sind Bank, Main Branch, Faridkot where she was having saving bank account. It was during the pendency of appeal that she came to know about her signatures and sought opportunity to get signatures of Malkiat Kaur on the Will compared with her specimen signatures in the bank record. The first Appellate Court while allowing her application under Order 41 Rule 27 CPC has not looked into the above facts, however, he has no objection if the impugned order is modified and instead of remanding the case, report of trial court on the basis of additional evidence and evidence lead in rebuttal by the appellant be called and appeal be decided on merits.