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2017 Supreme(P&H) 2027

ANITA CHAUDHRY
Saroj – Appellant
Versus
Charan Singh – Respondent


Advocates:
For the Petitioner:Mr. Deepender Ahlawat, Advocate.
For the Respondent:Mr. M.S. Kathuria, Advocate.

JUDGMENT

Mrs. Anita Chaudhry, J.:- This revision has been filed by one defendant aggrieved by the dismissal of the application filed by her under Section 151 CPC. She was seeking permission to lead additional evidence.

2. We may straightway proceed to deal with brevity, the case presented before the Court. A suit was filed in May 2006. Issues were framed in May 2007. The plaintiff closed its evidence and thereafter, six adjournments were granted to the defendants to lead their evidence. Their evidence was closed by Court order on 15.02.2010. These facts were disclosed by the counsel representing the petitioner.

3. The suit had been filed by the brothers who had laid challenge to the mutation that was entered with respect to the estate of their father. The defendants impleaded were the mother, sisters and other legal heirs. Defendant nos.2 to 5 filed a separate written statement pleading that the Will was forged. Defendant no.2 claimed that she was a ‘Parda Nasheen’ lady and was residing at village Gochhi in district Jhajjar and in the record her residence was shown to be village Khungai and her lawyer sent a message through a registered letter at that village which was not received









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