LAWS(P&H)-1999-8-192

JUGRAJ SINGH ETC. Vs. DARSHAN SINGH ETC.

Decided On August 27, 1999
Jugraj Singh etc. Appellant
V/S
Darshan Singh etc. Respondents

JUDGEMENT

(1.) - These are two revision petitions by the plaintiffs against the orders dated Feb. 4, 1998 and March 12, 1998 respectively passed by the Additional Civil Judge (Senior Division), Faridkot, whereby their prayer to examine the handwriting expert in evidence has been declined.

(2.) The plaintiffs filed a civil suit for declaration to the effect that they are the owners in possession of half share in the suit land. They also prayed for permanent injunction restraining defendants No. 1 and 2 from dispossessing them from the land. The plaintiffs, in their evidence, examined the handwriting expert. They, however, wanted to examine the expert again in their rebuttal evidence. Their prayer to produce that witness by way of additional evidence was declined by the trial Court on Feb. 4,1998. The plaintiffs again moved an application before the trial Court praying for permission to product the expert witness by way of rebuttal evidence. The prayer to was declined on March 12, 1993.

(3.) The brief facts as stated in the plaint, are that Inder Singh was the owner of ⅕th share in some agricultural land. After his death, Bhagwan Kaur, defendant No. 2, the widow of the pre-deceased son of Inder Singh, claimed rights on the land on the basis of a Will executed by Inder Singh. The brothers of Inder Singh challenged her rights before a revenue Court. She was held by the Collector as a limited owner only till her life time. Bhagwan Kaur executed a relinquishment deed in favour of certain persons including the plaintiffs and their predecessors. Plaintiffs came to the Civil Court on the basis of the relinquishment deed. The defendants challenged the relinquishment with the plea that it was a sham transaction.