[2025:RJ-JD:41075]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15981/2025 Jasvinder Singh S/o Sh Gurdev Singh, aged about 48 years, R/o Ward No 18 Suratgarh, Tehsil Suratgarh, District Sri-Ganganagar through his power of Attorney Holder Gurdev Singh S/o Shri Indra Singh, aged about 79 years, Resident of Ward No. 13 Suratgarh, Tehsil Suratgarh, Distrct Sri Ganganagar.

----Petitioner Versus

1. Ravinder Singh S/o Sh. Baldev Krishan Singh, R/o Ward No. 18, House No. 125 P.w.d Rest House Ke Samne Suratgarh, District Sriganganagar At Present Dhani Suratgarh, District Sri Ganganagar.

2. Manjeet Singh S/o Shri Kartar Singh, R/o Gram Bhoye, Tehsil Baba Bakala Sahib, District Amristar

3. Jaspreet Singh S/o Shri Late Shanti Lal, R/o Gram Bhoye, Tehsil Baba Bakala Sahib, District Amristar.

4. Smt. Daljeet Kaur Spouse/o Kartar Singh, R/o Gram Bhoye, Tehsil Baba Bakala Sahib, District Amristar.

5. Chanpreet Singh S/o Late Surjeet Singh, Kartar Singh, R/

o Gram Bhoye, Tehsil Baba Bakala Sahib, District Amristar.

6. Sarvjeet Singh S/o Late Surjeet Singh, Kartar Singh, R/o Gram Bhoye, Tehsil Baba Bakala Sahib, District Amristar.

----Respondents For Petitioner(s) : Mr. Chirag Kalani For Respondent(s) : Mr. H.S. Sidhu Mr. Pradeep Singh Khosa HON'BLE DR. JUSTICE NUPUR BHATI

Order

Reserved on : 11/09/2025 Pronounced on : 25/09/2025

1. The instant writ petition has been filed by the petitioner/defendant under Articles 226/227 of the constitution of India against the order dated 02.08.2025 (Annex.9) passed by the learned Additional District Judge, Suratgarh, in Civil Original Case No.13/2016, whereby the application filed by the petitioner/defendant under Order XVIII Rule 17 seeking to recall witness, namely, Resham Singh (DW.3) has been rejected. The petitioner has filed this writ petition claiming following relief(s):-

“(i) Quash and set aside the impugned Order dated 02.08.2025 (Annexure-9) passed by the learned Additional District Judge, Suratgarh in Civil Suit No. 13/2016;

(ii) Direct the learned trial court to recall the witness Shri Resham Singh (DW-3) for marking the original Will dated 16.12.1992 as an exhibit, and thereafter afford opportunity to the plaintiff to cross-examine him if so desired, in compliance of this Hon'ble Court's earlier order dated 01.07.2025;”

2. Briefly stated, the facts of the case, which are germane for deciding the controversy at hand, are that the respondent No.1/plaintiff filed a Civil Suit No.13/2016 titled as “Ravindra Singh v. Jasvindra Singh & Ors.” seeking cancellation of the registered Will dated 16.12.1992 executed by Smt. Gurdeep Kaur in favour of the present petitioner/defendant, along with a declaration to set aside the judgment and decree dated 21.11.2013 passed in Revenue Suit No.106/2013 and a permanent injunction against the petitioner and others. In the plaint, respondent No.1/plaintiff alleged that no such Will has been executed, contending instead that the petitioner and respondents No.2 to 6 fabricated the Will to frustrate the agreement to sell dated 18.06.2014.

3. The petitioner/defendant filed written statement denying these allegations and maintaining that the Will was validly executed in his favour. The original Will had remained part of the revenue suit, and upon its subsequent discovery among old papers, the petitioner moved an application under Order 8 Rule 1(3) CPC for its production, which was opposed by the respondent and rejected by the trial court on 08.08.2024.

4. Aggrieved thereby, the petitioner filed writ petition before this Court being SB Civil Writ Petition No.15887/2024, wherein this Court vide order dated 01.07.2025 (Annex.6), set aside the impugned order dated 08.08.2024, subject to costs and directed that the Will be taken on record, also clarifying that the plaintiff could cross-examine the defendant, if required. At that time, petitioner’s evidence was closed, therefore, he moved an application under Order XVIII Rule 17 CPC to recall DW-3 Resham Sin