JAGPAL SINGH Vs. VEENA DEVI

JUDGEMENT

(1.) By way of this petition, petitioner has challenged order dated 01.04.2017, passed by the Court of learned Civil Judge (Senior Division), Court No.1, Paonta Sahib, District Sirmaur, H.P., vide which learned trial Court has dismissed the application filed by the petitioner herein, who is defendant before the learned Court below, filed under Section 151 of the Code of Civil Procedure, for leading additional evidence for examining Patwari Bansi Ram, in support of application filed under Section 65 (c) of the Indian Evidence Act, 1872. The application stands dismissed by the learned trial Court by assigning following reasons:-

(2.) I have heard learned counsel for the parties and have also gone through the impugned order as well as other documents appended with the petition.

(3.) Record demonstrates that earlier an application was filed by the present petitioner under Section 65 (c) of the Indian Evidence Act, seeking leave of the Court to lead secondary evidence to prove the Will dated 27.12.1996, however, the same was dismissed by the learned trial Court vide order dated 25.08.2014 (Annexure P-3). Said order was unsuccessfully assailed by the petitioner before this Court by way of CMPMO No.346 of 2014, titled as Jaspal Singh and others Versus Veena Devi and another, which petition was dismissed by this Court vide order dated 06.04.2015 (Annexure P-4). However, while dismissing the said petition, this Court observed as under:-