LAWS(HPH)-2018-4-17

KISHAN CHAND Vs. SOMA DEVI & ORS

Decided On April 03, 2018
KISHAN CHAND Appellant
V/S
Soma Devi And Ors Respondents

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India takes exception to the order passed by the learned Civil Judge (Senior Division) , Court No. 1, Nurpur, on 30.11.2017, whereby she dismissed the application filed by the petitioner for leading additional evidence.

(2.) The grounds on which the application had been filed was that Shri S. R. Chaudhary, Advocate, who had drafted the Will was necessary witness to be examined for the just and proper adjudication of the case and it was due to inadvertence, the counsel of the petitioner/defendant could not examine the witness at the time when he led evidence.

(3.) This application was resisted by the respondents by filing reply wherein preliminary objection regarding maintainability was raised. On merit, it was admitted that the Will in question had been drafted by Shri S.R. Chaudhary, Advocate, but that fact was very much in the knowledge of the petitioner/defendant as also his counsel and, therefore, the application at such a highly belated stage was not maintainable.