JUDGMENT

Through the medium of this writ petition, the petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, assailing the order dated 06.04.2022, passed by the 3rd Additional Munsiff, Jammu (hereinafter referred to as “trial Court”) in a suit titled “Colonel Vijay Singh vs. Col. Dalbir Singh (deceased) through Legal Representatives Lalita Karki and Others’.

2. A suit for mandatory injunction was instituted by the petitioner against the defendant or any party claiming through him to handover vacant and peaceful possession of the house-Durga Niwas, situated at Amphala, Jammu in Survey No. 287 min, measuring 5 Kanals 11 Marlas along with the said land to the plaintiff and the same is pending before the trial Court. The litigation between the parties continued and the original defendant Lt. Col. Dalbir Singh died on 11.10.2006 without deposing before the trial Court in his defence, his legal representatives were brought on record on 15.11.2006. An application was filed by the respondents/defendants for permitting them to examine seven witnesses in place of the list of witnesses already submitted by the respondents and also the witnesses