RAJ PAL Vs. DHAPA DEVI

JUDGEMENT

(1.) The petitioners have impugned the order of the learned trial Court granting permission to adduce additional evidence by producing amongst others the attesting witnesses of the will in favour of the plaintiff-respondent.

(2.) Conspectus of facts of the suit are that one Dhapa Devi preferred a suit for declaration claiming to be the owner of the land in dispute. The suit was dismissed and on appeal, it was remanded for retrial after framing the following additional issues by the appellate Court :

(3.) After the remand, the plaintiff preferred an application that he was dispossessed by the defendants after the death of Dhapa Devi. The application was allowed and an additional issue to the effect "Whether the plaintiff was dispossessed from the suit land by the defendants after the death of Smt. Dhapa", was framed. A number of dates were given on payment of costs to produce the additional evidence by the plaintiff. The suit stood adjourned to April 19, 1988, for the production of the plaintiff's evidence. The trial Court observed that since the plaintiff respondent's status as legal representative of Dhapa is in dispute and the plaintiff-respondent claims to be the legal heir of deceased Dhapa on the basis of the will, it was necessary and essential to prove the Will on the record. Thus, the application to produce the attesting witnesses and scribe of the will was allowed on payment of costs.