Joginder Singh vs Jit Singh And Others on 21 October, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                      C.M. No. 24481-CII of 2009 and
                                      CR No. 6039 of 2009

                                      Date of Decision: 21.10.2009

Joginder Singh

                                                       ....Petitioner.

                   Versus

Jit Singh and others

                                                       ...Respondents.



CORAM:-      HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.


PRESENT: Ms. Tina Garg, Advocate for the petitioner.


AJAY KUMAR MITTAL, J.

C.M. No. 24481-CII of 2009

Allowed as prayed for.

C.R. No. 6039 of 2009

Joginder Singh, one of the legal heirs of Gurmit Singh-

defendant No.1 being aggrieved by the order dated 17.8.2009

(Annexure P-1) passed by the trial court vide which the plaintiff-

respondents had been allowed to lead evidence of PW2 and PW3 in

rebuttal to the evidence of the defendant on the issue of Will, has

approached this Court by way of present revision petition under Article

227 of the Constitution of India.

In view of the observations of the trial court that the

testimonies of PW2 and PW3 in so far as the same are beyond

pleadings would not be read into evidence and that the part of their
CR No. 6039 of 2009 -2-

testimonies which was in the nature of rebuttal to the evidence of the

defendant on the issue of Will, would be taken into consideration, no

ground to exercise its jurisdiction by this Court under Article 227 of the

Constitution of India is made out.

In view of the above, there is no merit in the present

revision petition and the same is hereby dismissed.

October 21, 2009                               (AJAY KUMAR MITTAL)
gbs                                                   JUDGE