- (1.) The petitioners have invoked supervisory jurisdiction of this court under Article 227 of the Constitution of India for setting aside impugned order dated 9.4.2008 (Annexure P-1) passed by learned Civil Judge (Junior Division), Rewari, vide which application (Annexure P-2) filed by petitioners for permission to lead secondary evidence with regard to four registered sale deeds, was dismissed.
(2.) Before the entire controversy is evaluated in the interface of facts and circumstances of the case, it would be appropriate to take stock of facts about which there is no dispute.
(3.) Case of the plaintiffs is that Khub Ram son of Nand Lal was owner in possession of the land in question which had been allotted to him during consolidation of holdings. The land interalia was inherited by Smt. Sarwan, defendant No.5/respondent No.6 his widow as Khub Ram had died after six months of his marriage. Nothing was heard of Smt. Sarwan thereafter but before her disappearance, she had relinquished her share in favour of Buti Ram father of plaintiffs No.1 to 4, Hari Singh father of plaintiff No.5 and Suraj Bhan father of defendants No.6 to 8. Claiming Smt. Sarwan to be civilly dead, plaintiffs claim themselves to be owners in possession of the suit land.;