DURGA DASS Vs. OM PARKASH

JUDGEMENT

(1.) DURGA Dass, appellant, had filed a suit seeking declaration that he is entitled to 1/4th share in the properties left by his father Dina Nath and a decree for permanent prohibitory injunction restraining his two brothers and Shanti Devi, the widow of Dass Ram, his predeceased brother, from withdrawing the amount of compensation assessed by the Revenue Authorities for acquisition of land held by late Sh. Dina Nath.

(2.) AGGRIEVED by the dismissal of his suit, the appellant has filed this Civil 1st Appeal questioning the decree and judgment, inter alia on the ground that findings of the trial Court on issue no.3, i.e. Whether the plaintiff is an adopted son of Kukan and is not entitled to inherit the property of Dina Nath? OPD, are unsustainable because the appellant was not provided any opportunity by the trial court to lead evidence in rebuttal to the evidence led by the defendants in this behalf.

(3.) I have heard learned counsel for the parties. Mr. V.R. Wazir, learned counsel for the appellant, submitted that he had moved a specific application seeking indulgence of the trial Court to provide him opportunity to lead evidence in rebuttal on issue no.3, which application according to the learned counsel has been erroneously refused thereby prejudicing the appellants case.