KULBIR SINGH Vs. PARAMJIT KAUR AND OTHERS

JUDGEMENT

(1.) Impugned in the present revision petition is the order dated 29.7.2016 (Annexure P-6), passed by learned Civil Judge (Junior Division), Fazilka, vide which an application filed by the defendants for not allowing the plaintiff to lead rebuttal evidence was dismissed and plaintiff was allowed to lead rebuttal evidence to examine the expert witness.

(2.) Heard.

(3.) It is necessary to go into the background of the case. Paramjit Kaur has filed a suit against Kulbir Singh son of Gurdeep Singh and Veerpal Kaur (since deceased), who is the daughter of Gurdeep Singh claiming that she is the daughter of Gurdeep Singh and entitled to 1/3rd share of the suit land left behind by his mother Gurdev Kaur wife of Gurdeep Singh and that Will dated 7.7.2009 registered on 15.6.2012 executed by Gurdev Kaur wife of Gurdeep Singh is illegal, forged and fabricated. She also claimed that suit property is a joint Hindu family, ancestral and co-parcenary property. She further claimed that Will does not bear the signatures of Gurdev Kaur and is a forged one. Copy of the written statement shows that defendants No. 1 and 2 took the plea that plaintiff is the adoptive daughter of Ajit Singh @ Jeet Singh, who was the real brother of Gurdeep Singh-father of the defendants and Kartar Kaur who was issueless. Therefore, plaintiff having been adopted by Ajit Singh @ Jeet Singh and Kartar Kaur, lost her rights in the adoptive family.