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1980 Supreme(P&H) 421

J.V.GUPTA
Om Prakash – Appellant
Versus
Sarupa – Respondent


JudgmentJudgment

1. The defendant - petitioner has filed this revision petition against the order of the trial Court dated September 27, 1980, whereby his application under Order XVIII Rule 17A of the Code of Civil Procedure (hereinafter called the Code), for permission to allow additional evidence was dismissed.

2. The litigation between the parties is pending for the last more than three years. In the litigation, one of the issues between the parties is; whether Shri Asa Ram, deceased, executed a valid will in favour of defendant No. 2, Om Pal ? If so, to what effect? The defendant-petitioner, in order to prove this document, examined the scribe of the will and also one of the attesting witnesses, Jagdish Chand, and then closed his evidence on September 7, 1979. On February 6, 1980, two applications were moved on behalf of the petitioner. One related to the amendment of the written statement which was allowed against which the plaintiffs came up in revision to this Court, which was ultimately dismissed. However, meanwhile, the proceedings in the trial Court were got stayed by the plaintiffs in that revision petition. After the revision petition was dismissed by the High Court the







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