SUKHWINDER KAUR Vs. HARDEV KAUR AND OTHERS

JUDGEMENT

(1.) This revision petition has been filed by the contesting defendant in a suit filed by the respondents-plaintiffs, seeking separate possession of the suit property, which is stated to be a residential house measuring 4 marlas in village Mehatpur, Tehsil Nakodar, District Jalandhar, by partition thereof. The petitioner seeks setting aside of the order, Annexure P-6, passed by the learned Civil Judge (Junior Division), Nakodar, on 18.12.2014, by which an application filed by the petitioner-defendant, seeking to lead additional evidence, has been dismissed.

(2.) Notice having been issued in this petition on February 26, 2015, with the trial Court directed not to pass the final order at that stage (the said interim order still continuing), though the respondents are all seen to be finally served only on 26.05.2016, even thereafter they have not put in any appearance, either personally or through counsel.

(3.) Notice having been issued by the learned trial Court in the said application, the respondents-plaintiffs had opposed it on the ground that with both parties already having led their evidence, with the evidence of the defendant (petitioner) already having been closed and she also having referred to the will in her affidavit tendered by way of her examination-in-chief, she should not be allowed to lead such additional evidence at that stage, as she very well knew of the existence of the document and therefore she could not allow to fill up lacuna later.