MAHESH KUMAR Vs. RADHA DEVI

JUDGEMENT

(1.) THIS petition is directed against the order dated 18.2.2013 passed by learned Civil Judge (Jr. Division), Court No.II, Una in Civil Suit No. 146/2005.

(2.) THE further relevant facts are that respondent No.1 has filed a suit for declaration against the petitioners and proforma respondent No.2. Respondent No.1 is claiming suit property on the basis of Will dated 9.2.2004 of Raghunath Singh. On the contrary, the petitioners are claiming suit property on the basis of Will dated 23.11.2004 of Raghunath Singh, father of the parties. The parties have led evidence and the suit was fixed for arguments, but at that stage the petitioners moved an application under Section 151 CPC for additional evidence to prove Will dated 23.11.2004 and copies of mutation Nos. 302 and 644.

(3.) IN the application, the petitioners have stated that the original Will was traced on the date of preparation of the application even though copies of mutation Nos. 302 and 644 were available on 13.1.2012. The petitioners closed their evidence on 9.4.2012 but till then they took no steps for placing on record copies of mutation Nos. 302 and 644 even though those copies were with them on 13.1.2012. There is no explanation why copies of mutation Nos. 302 and 644 were not placed earlier.