RATTAN CHAND AND ANOTHER Vs. GOPAL SHARMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India takes exception to the order passed by the learned Additional District Judge (I) , Mandi, H.P. whereby he allowed the application filed by the respondent for leading additional evidence under Order 41 Rule 27 of the Code of Civil Procedure (for short 'Code') .

(2.) The facts as necessary for the disposal of this petition are that the petitioners/plaintiffs filed a suit for declaration along with consequential relief of injunction with the prayer that they be declared as legal heirs of Gian Chand and mutation attested in favour of Smt. Shivdei is wrong, illegal and null and void and the Will dated 14.07.2000 is also fake and not genuine and, therefore, not binding on the right, title and interest of the petitioners/plaintiffs.

(3.) The respondent/defendant contested the suit on various grounds. After completion of the pleadings, the learned trial Court framed the issues and thereafter the parties led evidence.