JASWINDER PAL KAUR Vs. SURJIT KAUR (DECEASED)

JUDGEMENT

(1.) This order of mine shall dispose of two Civil Revisions bearing No.6231 of 2014 at the instance of the petitioner-plaintiff against the impugned order, whereby application for conducting Deoxyribo Nucleic Acid (for short "DNA") test of Jaipal Singh with that of the plaintiff has been declined and 4040 of 2015 at the instance of defendant Nos.3 and 6, namely, Parvinder Kaur and Jaipal Singh, whereby plaintiff has been permitted to lead rebuttal evidence with regard to the genuinity of the Will of Dharam Singh.

(2.) Plaintiff Jaswinder Pal Kaur instituted the suit and claimed declaration qua 1/6th share of estate of Dharam Singh on various grounds including Dharam Singh had died intestate. The defendants by denying the averments in the plaint, propounded the Will dtd. 16/12/2001 whereby Dharam Singh had bequeathed the property in favour of Surjit Kaur widow, who stated to have sold the property to various other defendants vide sale deeds dtd. 2/8/2005, 15/12/2004 and 22/2/2006.

(3.) Mr. Gurcharan Dass, learned counsel appearing on behalf of the petitioner in Civil Revision No.6231 of 2014 submitted that the defendants though propounded the Will and annexed photocopy of the same with the written statement and, therefore, there was no occasion for the plaintiff to lead evidence despite the fact that the suit was amended in 2007 whereby challenge was laid to the aforementioned Will. The original Will came into light only during the testimony of the defendants' witnesses and in view of the order dtd. 27/4/2015, the trial Court permitted the plaintiff to lead evidence in rebuttal.