BINDER KAUR Vs. SURJIT SINGH

JUDGEMENT

(1.) THE order dated 16.4.2009 passed by Additional Civil Judge (Sr.Divn.), Ludhiana has been challenged by way of this petition, vide which, the Trial Court has dismissed the application of the plaintiffs - petitioners (herein referred as the petitioners) for framing of an additional issue.

(2.) HEARD .

(3.) THE application was declined by the Trial Court with the observations that the evidence had already been led by the parties and it is the turn of the petitioners to lead evidence in rebuttal. The Trial Court further observed that since both the parties being well aware of the controversy, have already led the evidence, therefore, the issue of the genuineness of the Will shall be decided, without framing any additional issue.