NAKSHHATTAR KAUR Vs. RESHAM KAUR

JUDGEMENT

(1.) Challenge is made to the order dated 24.04.2019 passed by the Civil Judge (Jr. Divn.) Garshankar vide which the application to return the affidavit tendered in the evidence being the facts beyond pleadings was dismissed.

(2.) Perusal of the record would show that additional issues No.7A and 7B were framed by the trial Court vide order dated 13.10.2018. The suit was filed by the plaintiff-petitioner and her husband Jagtar Singh against Resham Kaur and Satinder Kaur for declaration to the effect that plaintiff No.2/petitioner is the owner in possession of the suit land on the basis of transfer deed dated 14.09.2011 executed by plaintiff No.1 in her favour and the sale deeds dated 09.09.2011 alleged to be executed by plaintiff No.1 in favour of the defendants are illegal, sham, bogus transaction, were without consideration and were the result of fraud. In alternative suit for recovery of the amount along with interest was also prayed.

(3.) In the evidence of defendants, defendant No.1 Resham Kaur filed her affidavit in examination-in-chief as DW-2. Para Nos.4 and 5 of the aforesaid affidavit are to the following effect:-