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2023 Supreme(P&H) 651

GURBIR SINGH
Kuldip Singh – Appellant
Versus
Harbhajan Singh (since deceased) through his LRs – Respondent


Advocates appeared:
Ms. Aashna Gill, Advocate for the petitioner.
Ms. Bhavna Kapur, Advocate with Mr. Amulay Kalia, Advocate for respondent no.1(a) to 1(f).

GURBIR SINGH, J.

1. Challenge in this revision petition filed under Article 227 of the Constitution of India is to order dated 07.11.2019 (Annexure P-5), passed by learned Additional Civil Judge (Senior Division), Bholath (hereinafter referred to as – the Trial Court), whereby application moved by the plaintiff-petitioner seeking permission to lead secondary evidence by producing a photocopy of settlement (Iqrarnama) dated 23.05.1990 regarding domestic oral partition, has been dismissed.

2. Learned counsel for the petitioner has submitted that the petitioner filed suit for declaration that the petitioner is owner in possession of land measuring 03 kanals 09 marlas i.e. the suit property and mutation sanctioned in favour of respondent no.1 on the basis of order dated 21.03.1989 is illegal, wrong, void and ineffective. The suit land was previously owned by father of petitioner and respondents. He died on 18.11.1984. The suit land was inherited by his three sons i.e. petitioner, respondent no.1 and respondent no.2 in equal shares and mutation no.1184 dated 15.05.1985 was sanctioned in their favour. On 23.05.1990, the parties effected an oral family partition of the suit land along with

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