KARTAR SINGH Vs. SUKHBIR SINGH

JUDGEMENT

(1.) This order will dispose of Civil Revisions 2389 and 1425 of 1993 as both these petitions arise out of the same order of the Trial Court.

(2.) Sukhbir Kaur widow of Pritam Singh filed a suit for declaration and rendition of accounts against Kartar Singh, Gurbachan Singh, Gurmukh Singh, Isher Singh and Jagdish Singh. After sometime, Gurmeet Singh, defendant 6 herein claiming to be the adopted son of Pritam Singh moved an application that he be also impleaded as party to the suit. He did not specify whether he wanted to be impleaded as a defendant or a plaintiff in the suit. This application was allowed and consequently Gurmit Singh was shown as defendant 6 in the suit. His case is that he is the adopted son of the plaintiff.

(3.) One of the issues framed in the suit is, "whether Gurmit Singh was the adopted son of Sukhbir Kaur widow of Pritam Singh, plaintiff?" The onus to prove this issue is obviously on Sukhbir Kaur plaintiff. She appeared as her own witness and was cross-examined by defendants 1 to 5. Gurmit Singh defendant 6 made request before the Court that he may also be permitted to cross-examine the plaintiff. A question thus arose at that time, whether he is also entitled to cross-examine the plaintiff and put certain documents to her. The request of defendant 6 was opposed by defendants 1 and 5 on the ground that Sukhbir Kaur has no interest adverse to that of defendant 6 and, therefore, no question in the nature of cross-examination could be allowed to be put to the plaintiff by defendant 6.