KASHMIR KAUR Vs. BACHAN KAUR

JUDGEMENT

(1.) Challenge herein is to an order dated 31.3.1999 passed by the learned Subordinate Judge declining the prayer of the petitioner who happens to be a plaintiff in the main lis to adduce additional evidence by way of producing a handwriting expert.

(2.) Before the contentions of the learned counsel representing the parties for and against are noticed, it will be useful to extract, even though in brief, facts culminating into filing of the present petition.

(3.) Petitioner herein, namely Kashmir Kaur happens to be young widow of Balbir Singh. The husband of the petitioner died on 15.5.1991 when the petitioner was only 23 years of age. An unsavoury dispute immediately on demise of Balbir Singh came into offing when none other than the mother-in-law of the plaintiff resisted inheritance of the estate left by Balbir Singh to the petitioner. This led to the filing of the civil suit by the petitioner who propounded a Will. It was stated that the husband had executed a Will and the petitioner would succeed to the entire estate-left by Balbir Singh. This suit was resisted by the respondent-mother-in-law who naturally challenged the due execution and validity of the Will. The learned trial Court on the pleadings of the parties, thus, framed an all important issue; "Whether Balbir Singh executed a Will dated 6.2.1991 in favour of plaintiff Kashmir Kaur OPP.