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2009 Supreme(P&H) 477

RAKESH KUMAR GARG
Munna Lal – Appellant
Versus
Sadhu Ram – Respondent


Advocates:
For the Petitioner:Mr. N.S.Shekhawat, Advocate.
For the Respondents:Mr. Pritam Saini, Advocate.

JUDGMENT

Rakesh Kumar Garg, J.:-This is defendants revision petition challenging the order dated 31.1.2009 passed by the Civil Judge (Senior Division), Narnaul, whereby application for leading additional evidence filed by respondent/plaintiff Nos.1 to 3 has been allowed.

2. As per the averments made in this revision petition, plaintiffs filed a suit for declaration regarding the suit land on the basis of a registered Will dated 9.12.1988 (Ex.P1) allegedly executed by Jhutha Ram in favour of the plaintiffs and claimed title over the properties left by him. The aforesaid Will was scribed by Roshan Lal and was witnessed by Krishan Sanghi, Lambardar and Kurda Ram and was registered by Banwari Lal, the then Sub Registrar.

3. Jhutha Ram died on 24.1.2001 and the present suit was filed on 22.1.2003. Issues in the suit were framed on 2.6.2003. Three Pws. were examined on 17.9.2003. On 6.10.2004, two PWs were examined. The plaintiffs wanted to examine Vijay Kumar Rastogi handwriting expert to prove the signatures of Krishan Sanghi on the Will (Ex.P1). However on account of his illness, the case was adjourned to 16.11.2004 for producing the plaintiff evidence at his own risk and responsibilit




















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