HARMINDER SINGH AND ORS. Vs. LAKHBIR KAUR

JUDGEMENT

(1.) The present revision petition is directed against the impugned order dtd. 24/10/2017, whereby an application submitted by the respondent- plaintiff for serving the interrogatories, 12 in number, have been confined from 4 to 12.

(2.) Mr. Kanwaljit Singh, learned Senior Counsel assisted by Mr. Abhishek Bajaj, Advocate, appearing on behalf of the petitioners-defendants submitted that unfortunately the marriage between petitioner No.2 -Vikramvir Singh and respondent-Lakhbir Kaur @ Jyoti was dissolved vide a decree of divorce at Norway in November, 2015. The respondent-plaintiff filed the suit on 6/12/2014 but before that there was already a decree of separation and the parties were already living separately. The respondent-plaintiff during the period of separation instituted the suit bearing Civil Suit No.2641 of 2014 in the Court at Jalandhar claiming the following relief:-

(3.) From the head note of the aforementioned suit, plaintiff attempted to claim the ownership by taking the aid of sub Sec. 3 of Sec. 4 of Prohibition of Benami Property Transactions Act, 1988, in fact the suit property is not only in the ownership of the husband but along with the other family members. The interrogatories sought tantamounts to shift the burden as the onus to prove the claim of ownership heavily lays upon the plaintiff and thus urges this Court for setting aside the order.