KIRPAL SINGH Vs. TAROWAT

JUDGEMENT

(1.) THIS revision petition is filed under Article 227 of the Constitution of India for setting aside order dated 8.2.2008 (Annexure P6) passed by learned Additional District Judge (Adhoc), Fast Track Court, Ambala.

(2.) PLAINTIFFS -Kirpal Singh and Mohinder Singh filed a suit for declaration that the plaintiffs along with defendants Nos. 2 to 8 be declared as joint owner in equal shares of the property in dispute and the sale deeds executed by defendant No. 1, in favour of defendants Nos. 9 to 11, be declared as illegal, null and void. The suit filed by the plaintiffs was decreed vide judgment and decree dated 26.5.2004 passed by the Civil Judge (Junior Division) Ambala. Defendants Nos. 9 and 10 filed an appeal against the said judgment and decree. In appeal, the appellants-Mam Chand (through LRs) and Om Parkash moved an application under Order 41, Rule 27 of the Code of Civil Procedure for permission to lead additional evidence. Vide the impugned order dated 8.2.2008, the applications for permission to lead additional evidence were allowed. Hence, the present revision petition by plaintiff-Kirpal Singh,

(3.) LEARNED counsel for the respondents Nos. 1 to 8 and 11 has submitted that the additional evidence, now sought to be led by the appellants, was very necessary for the just decision of the case The vendees were bona fide purchasers for consideration. The vendees had purchased the land from defendant No. 1 on the basis of Will as he was owner of the land sold to them by virtue of the Will.