KULDEEP SINGH Vs. JASBIR SINGH AND OTHERS

JUDGEMENT

(1.) PLAINTIFF is in revision under Article 227 of the Constitution assailing the order dated 30.1.2014 passed by the learned Additional Civil Judge (Senior Division) Fatehgarh Sahib whereby the evidence of the plaintiff has been closed by order.

(2.) THE dispute is between family members. Plaintiff has sought cancellation of a sale deed dated 11.6.2008 executed by his brother Inderjit Singh -defendant No. 3 on the basis of an alleged Power of Attorney of the plaintiff in favour of defendants 1 and 2 who are their nephews. Challenge is also to the sale deed dated 25.3.2008 executed by the plaintiff in favour of his nephew -defendant No. 4 Harpal Singh. Consequential relief of permanent injunction has been prayed seeking to restrain the defendants from alienating the suit land.

(3.) ON the other hand, learned counsel for the caveators/defendants has argued that the issues were framed on 15.12.2010. Plaintiffs evidence started on 29.3.2011 and he availed 13 effective opportunities before his evidence was closed by order. It included two prior effective opportunities when the plaintiff himself was not present for his cross examination before the same was closed on the third opportunity. Thus, it is submitted that in the facts of the case there is no perversity in the impugned order and no equity warranting indulgence by this Court.