KULWINDER KAUR Vs. DALBIR SINGH

JUDGEMENT

(1.) As already noticed in the order dtd. 8/2/2018, by this petition, the petitioner has impugned the order of the trial Court (Civil Judge, Senior Division, Shaheed Bhagat Singh Nagar), dtd. 26/8/2015, by which her application seeking issuance of interrogatories to the Special Kanungo, Nawanshahar, to trace out the history of the suit property, has been dismissed.

(2.) Notice having been issued in this petition on 31/10/2015, thereafter respondent no.1 first put in appearance through counsel on 16/5/2016, after which the matter kept on getting adjourned either for nonappearance of counsel for the parties or on account of adjournments sought, with counsel for respondent no.1 having last put in an appearance on 19/11/2018, before which date he had argued that, as has rightly been held by the trial Court, it is the duty of the plaintiff herself to prove that the suit property is a co-parcenary property and as such, no excerpts/interrogatories can be sought as a matter of right by the petitioner.

(3.) On that date, this Court had observed on the aforesaid argument that though counsel for the aforesaid respondent may, in the prima facie opinion of this Court, be correct, there would still be no bar on the Court directing a particular witness to produce official record that a party was not able to obtain, if such record went to the core of the dispute between the parties.