JUDGMENT :

Deepak Gupta, J.

By way of this petition filed under Article 227 of the Constitution of India, petitioner prays for sifting aside order dated 16.09.2024 (Annexure P.27) passed by learned Civil Judge (Senior Division), Chandigarh, whereby the objections dated 13.09.2024 (Annexure P.25) filed by the respondents objecting to the examination of the petitioner- plaintiff as PW6, has been allowed. Challenge is further given to the order dated 17.09.2024 (Annexure P.29), whereby learned trial Court has closed the evidence of the plaintiffs.

2.1 Initially, dispute started regarding the estate of Jagdarshan Singh, who on his death on 22.12.1998, left behind his widow Smt. Harinder Kaur and two children, namely, Jasnesh Kaur and son Rajbir. Jasnesh Kaur (plaintiff - performa respondent N: 4 herein), i.e. daughter of Jagdarshan Singh filed Civil Suit No.13179 of 2023 claiming 1/3rd share in the suit property on the basis of natural succession, against her mother Harinder Kaur [defendant N: 1 - respondent N: 1 herein (since deceased)] and brother Rajbir [defendant N: 2 - respondent N: 2 herein (since deceased)]. She further challenged Will dated 05.11.1990 purported to have been executed by Jagdarshan Singh and registered on 27.12.2010, in favour of Harinder Kaur and Rajbir.

2.2 Suit was being contested by both the defendants and necessary issues were framed but unfortunately, during pendency of the suit, both the defendants, i.e. mother as well as brother of plaintiff Jasnesh Kaur expired. On account of their death, the estate of mother Smt. Harinder Kaur also came in dispute, inasmuch as legal heirs of Rajbir set up an unregistered Will dated 28.10.2020 of Smt. Harinder Kaur in favour of Rajbir, his wife Charn Kamal and son Teg Partap Singh. On the other hand, Karanvir (petitioner herein) and Zorawar (performa respondent N: 5 herein) sons of Jasnesh Kaur claimed a registered Will dated 04.03.2002 executed by Smt. Harinder Kaur in their favour in respect of one of the disputed shop.

2.3 In view of the Will dated 04.03.2002, trial Court allowed Karanvir and Zorawar to be impleaded as plaintiff No.2 and 3. Legal representatives of Rajbir were also brought on record.

2.4 Initially the issues were framed regarding the purported Will of Jagdarshan Singh and as defendants had propounded the said Will, therefore, onus was placed upon them so as to prove the legality and validity of that Will and the case was posted for the defendants' evidence first, instead of the plaintiffs' evidence, as is usually done in the trial Court. However, after bringing on record the legal representatives of defendants Smt. Harinder Kaur and Rajbir, two additional issues were framed on 31.03.2023 regarding both the Wills of Smt. Harinder Kaur. The onus was placed upon the plaintiffs so as to prove the Will dated 04.03.2002 purported to have been executed by Harinder Kaur in their favour; whereas onus was placed upon the defendants/ legal heirs of Rajbir so as to prove the legality and validity of the Will dated 28.10.2020 purported to have been executed by Harinder Kaur in their favour.

2.5 Defendants had closed their evidence on 16.04.2024. Plaintiffs started their evidence on 16.08.2024 and after cross-examination of the plaintiff N: Smt Jasnesh Kaur as PW1 conducted on as many as six dates, the same was ultimately concluded on 05.09.2024. Some of other witnesses were also examined by the plaintiffs.

2.6 On 12.09.2024, after examining PW4 and PW5, affidavit by newly impleaded plaintiff No.2 - Karanvir Singh Aujla (petitioner herein) was filed as his examination-in-chief, as he wanted to appear as his own witness as PW6. The same was objected to by the defendants. It was claimed that plaintiff- Smt. Jasnesh Kaur had already appeared as PW1 and during her entire testimony, Karanvir was present. It was never informed to the Court that plaintiff - Karanvir also wanted to appear as the witness. Apart from this, in the list of witnesses provided to the Court, the nam