IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 02.02.2026 Vivek Kumar ....Petitioner Versus Mohan Parkash ...Respondent CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Akhilesh Vyas, Advocate, for the petitioner.

Mr. V.K. Sandhir, Advocate, for the respondent.

VIKRAM AGGARWAL, J.

The instant petition, filed under Article 227 of the Constitution of India, assails the order dated 20.01.2025 (Annexure P.6), passed by the Civil Judge (Junior Division), Amritsar, vide which the application moved by the petitioner- plaintiff under Section 100 of the Indian Evidence Act, 1872 (for short `the Evidence Act’) was dismissed.

2. A suit for partition by metes and bounds and for separate possession of ½ share of the house (fully desicribed in the plaint) situated at Majitha Road, Amritsar (hereinafter referred to as `the suit property’), was instituted by the petitioner-plaintiff against the respondent-defendant. Consequential relief of permanent injunction, restraining the respondent-defendant from letting out; selling; transferring; gifting or alienating the suit property in excess of ½ share of the respondent-defendant, was also claimed. In the plaint, reliance w