Guddi Kaur @ Baljit Kaur vs Lella Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1411

ALKA SARIN
Guddi Kaur @ Baljit Kaur – Appellant
Versus
Lella Singh – Respondent

Advocates appeared:
For the Parties : Mr. Sherry K. Singla, Mr. Rishu Garg

Table of Content
1. factual background about witness examination (Para 2)
2. arguments regarding admissibility of evidence (Para 3 , 4)
3. observations on the trial court's order (Para 6)
4. court's decision to set aside the order (Para 7)
5. conclusion and disposal of the matter (Para 8 , 9)

Judgment

Mrs. Alka Sarin, J.

The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 15.01.2018 (Annexure P-8) whereby the defendant-respondents have been granted permission to examine the witness, Mewa Singh, Lambardar.

2. The brief facts relevant to the present lis are that the defendant-respondents herein closed their evidence as recorded in the order dated 09.02.2016. Thereafter, an application was filed for grant of permission to examine the witness of the Will, namely, Mewa Singh, Lambardar. The only reason given in the application was that Mewa Singh, Lambardar was ill at the relevant point of time and since he is a material witness being a marginal witness of the Will, hence, his statement is important. The said application was contested by the plaintiff-petitioner and vide the impugned order dated 15.01.2018 (Annexure P-8) the sa

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