IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (124)

CR-6368-2024 Date of decision: - 30.01.2025 Mohan Singh (since deceased) through his LR ....Petitioner Versus Gurdeep Singh and others .....Respondents CORAM : HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. Inderpal Singh Parmar, Advocate, for the petitioner.

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VIKAS BAHL, J. (ORAL)

1. Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 13.09.2024 passed by the Civil Judge (Junior Division), Ludhiana, in CS/3136/2017, whereby the application dated 12.08.2024 (Annexure P-8) filed by the petitioner/defendant No.1 for discarding the affidavit dated 05.08.2024 (Annexure P-7) filed by plaintiff/respondent No.1 in his rebuttal evidence has been declined.

2. Learner counsel for the petitioner has submitted that the Will dated 29.06.2000 was in the knowledge of respondent No.1/plaintiff as he had filed a suit for declaration to the effect that the said Will was forged and fabricated and thus, the respondent No.1/plaintiff should have led the evidence in affirmative and should not have been permitted to lead evidence in rebuttal. It is submitted that in view o