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1990 Supreme(P&H) 274

A.L.BAHRI
Dilsher Singh – Appellant
Versus
Manjit Inder Singh – Respondent


Judgment

1. Dilsher Singh, one of the defendants, challenges in this revision petition order dated 13/10/1989 passed by Sub Judge Ist Class, Ferozepore whereby application filed by the defendants, to produce an Expert after the plaintiff had closed his evidence in rebuttal, was rejected.

2. Manjit Inder Singh filed a suit for declaration that he and other defendants Nos. 2 to 4 (Baljit Inder Singh and others) were entitled to inherit immovable and movable properties of Mohinder Singh deceased with consequential relief of injunction restraining the defendants from alienating any part of the property in dispute. The evidence of the plaintiff was earlier closed and subsequently the suit was dismissed. An appeal was taken to the appellate Court against the said judgment and decree which was allowed and the case was remanded. Thereafter, the trial Court gave opportunity to the plaintiff to produce his evidence and defendants were also given an opportunity to produce their evidence. The defendants were relying upon a will executed by Mohinder Singh in their favour. After the defendants closed their evidence, the plaintiff in rebuttal produced one expert. It was thereafter that the defenda



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