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KARAMJIT SINGH
Ayushi – Appellant
Versus
Mukhtiar Singh – Respondent
JUDGMENT
Karamjit Singh, J.
Present civil revision petition has been filed by the petitioners/defendants seeking setting aside of the impugned order dated 15.1.2019 passed by the Court of learned Civil Judge, Junior Division, Rohtak whereby an application filed by the respondents/plaintiffs for permission to lead additional evidence in civil suit titled Mukhtiar Singh (Now deceased) through LRs and others v. Ayushi and another, has been allowed.
2. Brief facts of the case are that initially, Mukhtiar Singh respondent No.1, his son Sandeep respondent No.2, and daughter Rekha @ Seema respondent No.3 filed suit for partition of the suit property against daughters of Ravinder Singh pre-deceased son of Mukhtiar Singh through their natural guardian/mother Neelam on the ground that the suit property was owned by Ram Devi wife of Mukhtiar Singh and she died on 16.5.2000 and on her death, the suit property was inherited by her husband Mukhtiar Singh, son Sandeep, daughter Rekha to the extent of 1/4th share each and by the petitioners jointly to the extent of remaining 1/4th share. The suit filed by the respondents was decreed vide judgment dated 29.8.2013 by the Court of Civil Judge, Junior
The court affirmed that allowing additional evidence is within the inherent powers of the court under Section 151 of the CPC, provided it serves the ends of justice and is not actuated by malafide in....
The central legal point established in the judgment is the enabling power of the Appellate Court to allow additional evidence for any substantial cause and the need for such evidence to pronounce jud....
A court may permit additional evidence to ensure fair adjudication if it is relevant, even after evidence closure, stressing the necessity to examine evidence related to a Will in contested property ....
A party's failure to pay ordered costs results in the mandatory dismissal of their defense, affirming the strict adherence to procedural compliance under the Civil Procedure Code.
Additional evidence in appellate proceedings is only permissible under specific conditions, which were not met by the appellants.
The burden of proving the execution of a Will rests on the propounder, who must dispel any suspicious circumstances to establish its validity.
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