SIMARJIT KAUR Vs. MOHINDER KAUR

JUDGEMENT

(1.) THE present revision petition has been filed by Simarjit Kaur (hereinafter described as 'the petitioner') directed, against the order passed by the learned Civil Judge (Sr. Division), Ajnala dated 21. 7. 1997. By virtue of the impugned order the learned trial court allowed the application filed by the respondents for permission to take the photographs of thumb impressions of Surjit Kaur appearing on the sale deed dated 1. 3. 1985 as well as on the will in dispute dated 8. 7. 1991. The application was also allowed for comparison of thumb impressions of Surjit Kaur on the will dated 8. 7. 1991 with the thumb impressions on the registered sale deed dated 1. 3. 1985.

(2.) LEARNED counsel for the petitioner assails the said order alleging that earlier a similar application has been filed which was dismissed on 29. 4. 1996 and the subsequent application in this regard was not maintainable. The learned trial court while noting the said fact held that at that time the respondents had not produced any evidence regarding execution of sale deed. Now they have brought the evidence on the record regarding execution of the sale deed. In view of the changed circumstances, the application was allowed.

(3.) AFTER the evidence bad been produced, keeping in view the same an application was filed for permission to take photographs of the thumb impressions on the will purported to have been executed by Surjit Kaur and on the sale deed. Request was made for comparison of the same. As already mentioned above, the learned trial court held that at that time, the respondents had not led any evidence which has now been produced and keeping in view the changed circumstances, the application was allowed.