NEELAM KUMARI Vs. YOGENDER SINGH AND ORS.

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order passed by the learned trial Court on 31.10.2014 whereby the applications filed by the petitioner under Order XVI read with Section 151 CPC and another application under Section 151 CPC came to be dismissed.

(2.) This is unfortunate family dispute. In view of the nature of order I propose to pass, the facts in detail, need not be stated.

(3.) The defendant No.1 had moved two applications. In the application under Section 151 CPC the defendant had sought the permission to lead additional evidence by way of oral evidence of Rishi Thakur S/o late Sh. Sukhdev Singh. It was alleged that in the summons issued to the marginal witnesses of the Will dated 26.01.1969 which has been challenged by the plaintiff, it had been reported that he had died about 16 years back and, therefore, it was necessary to examine his son Rishi Thakur, who could depose about the signature of his late father.