INDERJEET SINGH Vs. MAHARAJ RAGHUNATH SINGH

JUDGEMENT

(1.) THIS is a revision application by one of the defendants against an order of the trial court allowing the plaintiffs to produce evidence in rebuttal of the evidence produced by the defendants on issues 3, 4 and 5.

(2.) THE dispute is relating to the properties which formerly belonged to the late maharaja Guman Singh, who was the grandson of Maharaja Takhat Singh, Ruler of jodhpur State. Guman Singh had 3 sons, Narpat Singh, Amar Singh and raghunath Singh, out of whom Narpat Singh is the eldest. Narpat Singh has a son inderjit Singh. During the life-time of Guman Singh, Narpat Singh took a second wife against the wishes of his father and was disinherited by him and Inderjit singh was appointed as his successor. After the death of Guman Singh, Inderjit singh was regarded as a successor. Narpat Singh was then alive. Maji Sahiba Smt. Jawahar Kanwar was appointed as his guardian and Raghunath Singh was appointed as the manager of the estate.

(3.) THE present suit was instituted originally by Raghunath Singh claiming one-fourth share in the properties on the allegation that Guman Singh, his wife, and his sons constituted a joint Hindu family. In his capacity as Manager Raghunath singh had made various admissions in writing in which it was stated that Guman singh's properties constituted an impartible estate which descended by the rule of primogeniture and that a family arrangement was made by Guman Singh during his life-time. These admissions went against the case set up in the plaint by raghunath Singh. He asserted in the plaint that these admissions were obtained fraudulently from him. The suit was contested by Narpat Singh and Inderjit Singh. Amar Singh and Maji Sahiba Smt. Jawahar Kunwar who had originally been impleaded as defendants were transposed as plaintiffs.