Civil Revision No. 5959 of 2008 (1)
In the High Court of Punjab & Haryana at Chandigarh
Civil Revision No. 5959 of 2008 (O&M)
Date of decision : 22.1.2009
Sudarshan Kumar and another ..... Petitioners
vs
Harinder Singh and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Naresh Kaushal, Advocate, for the petitioners. Rajesh Bindal J.
Challenge in the present petition is to the order dated 1.10.2008
passed by the learned Court below whereby the petitioners had not been
permitted to lead evidence.
Briefly, the facts of the case are that during the pendency of a
suit filed by respondent no. 1 for possession by way of separation of 2/9th
share i.e. Land measuring 6865 square feet out of total area 30895 square
feet approximately of joint ancestral property, the petitioners purchased part
of the suit property. On their application, they were impleaded as defendants
in the suit. Subsequently, they filed written statement and now are seeking
to lead evidence which was declined by the learned court below.
Learned counsel for the petitioners submitted that once they
have been permitted to file written statement, they should be further
permitted to lead evidence in support thereof. However, I do not find any
merit in the arguments raised.
It is a case where a part of the suit property was purchased by
the petitioners during the pendency of the suit where the principles of lis
pendens was otherwise applicable. Even though they have been impleaded
as defendants and would merely step in the shoes of their vendors and will
not have any claim better than the defendants. It is not disputed that the
parties to the dispute have already led their evidence. The witnesses of
plaintiff/respondent no.1 had already been cross-examined by the vendors
of the petitioners. The prayer of the petitioners that witnesses of the
Civil Revision No. 5959 of 2008 (2)
plaintiff/respondent no. 1 should be recalled for their re-examination cannot
be permitted.
Accordingly, the present petition is dismissed.
Nothing said hereinabove would adversely affect the case of
any of the parties before the court below which shall be decided on the basis
of evidence to be led by the parties.
22.1.2009 ( Rajesh Bindal) vs. Judge