Rattan Lal vs Asha Rani - 2020 Supreme(P&H) 2155

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(P&H) 2155

REKHA MITTAL
Rattan Lal – Appellant
Versus
Asha Rani – Respondent

Advocates appeared:
For the Parties : Mr. Mandeep Kaushik, Mr. Vaibhav Sehgal

Table of Content
1. challenge to dismissal of additional evidence application (Para 1 , 2)
2. arguments over the relevance and timing of additional evidence (Para 3 , 4 , 5)
3. court's analysis of additional evidence relating to merits of appeal (Para 6 , 7 , 8)
4. final dismissal without opinion on merits (Para 9 , 10)

Judgment

Mrs. Rekha Mittal, J.:- Challenge in the present petition has been directed against order dated 13.08.2019 (Annexure P-9) passed by the Additional District Judge, Ludhiana whereby application filed under Section 151 of the Code of Civil Procedure, 1908 (in short ‘CPC’) for deciding the application under Order 41 Rule 27 CPC prior to deciding the main appeal has been dismissed.

2. The petitioner/plaintiff filed suit for declaration that he is joint owner in possession to the extent of 1/6 share in property unit No.B-XXIII- 79/1 (80/56/P-155) situated in Industrial Area, Ludhiana and Will dated 11.07.1997 set up by defendant No.1 alleged to be executed by deceased Sohan Lal Sahnan is forged and does not confer any title in favour of respondent No.1. The trial Court returned findings in favour of respondent No.1 in respect of aforesaid Will and consequently suit

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