- (1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside judgment dated 17.9.2010, Annexure P1, passed by learned Civil Judge, Junior Division, Ludhiana, vide which application filed by respondents-plaintiffs for leading evidence in rebuttal was allowed.
(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court.
(3.) Facts relevant for the decision of present revision petition are that respondents-plaintiffs filed this suit for a decree for declaration that they are joint owners of the property in dispute with consequential relief of permanent injunction restraining present petitioner-defendant No. 1 from raising any construction over the same and from alienating the same. On notice being issued, present petitioner-defendant had propounded a Will allegedly executed by Prabhdayal deceased in his favour. The dispute is regarding inheritance of property left by Prabhdayal. Following additional issues were framed by learned trial Court, onus of which was upon present petitioner- defendant. "1. Whether Prabhdayal deceased had executed valid Will dated 8.9.1993 in favour of defendant No. 1? OPD 2. Whether the property in suit have been partitioned in April 1991 by oral family partition. If so, to what effect? OPD";